Galbraith v. Devlin

Citations

• 85 Wash. 482
• 148 P. 589
• 1915 Wash. LEXIS 1289

Syllabus

<p>Pleading — Surplusage—Trial—Opening Statement of Counsel. The fact that plaintiff’s complaint and the opening statement of his counsel overstated his case, would not preclude his right of recovery if there were any facts and any theory upon which he was entitled to recover.</p> <p>Partnership — Existence of Relation — Sharing Expenses. Where parties entered into a joint venture, upon the understanding that each should pay an equal amount of all the expenses incident to the venture, the conclusion necessarily follows that they would share equally in all the proceeds of the enterprise as partners.</p> <p>Partnership- — Good Faith Between Partners. Where partners in a group of coal mining claims procured an option on the interest of another partner by falsely representing that they could make a sale at a certain price, concealing from him the situation of affairs probably insuring the realization of a better price for which the sale was in fact made, it is such a fraud as against the partner giving the option as to entitle him to recover his proportionate share of the purchase price which he had not received.</p> <p>Equity — Clean Hands — Different Transactions. There is no foundation for the contention that plaintiff had not come into court with clean hands, when he sought to enforce his equities against the fraud of his partners, on account of misrepresentations made by him to an attorney who was to have an interest in the partnership claims in consideration of services, when the attorney was not in court complaining of plaintiff, and, in fact, had been satisfied to accept a settlement on the basis of representations made to him by other members of the partnership.</p>