Gregory v. Martin

Citations

• 78 Ill. 38

Syllabus

<p>. 1. Partnership—sufficiency of evidence to show. Where two persons purchased a mill and house, which they commenced to remove, but before the removal, one of them died, it was held, the general declarations of the deceased that they had bought the mill in partnership, no terms of partnership being stated, did not afford satisfactory evidence of the existence of a partnership, as such declarations might well consist with there being nothing more than a tenancy in common.</p> <p>3. Same—evidence of a settlement. Where A and B purchased a mill and house, for which A turned in two mules, a wagon and harness, in payment for his half of the price, and then died at B’s house, while the mill was being removed to B’s, and at the appraisement of A’s estate, B brought to the appraisers other property, and had the same appraised as A’s property, agreeing that if there was any difference in favor of the estate between the property thus produced for appraisement and that which A had paid on their joint purchase, he would pay it, and if it was in his favor the estate should pay him, it was held, in a suit by the estate to recover the difference, that the conduct of B, in producing the property for appraisement, and statements made, might properly be considered by the jury as tending to show a settlement and promise between A and B, before A’s death.</p>