Hart v. McDonald

Citations

• 52 La. Ann. 1686

Syllabus

<p>Syllabus.</p> <p>1. Where two persons agree to share the profits and losses of an enterprise upon the basis of estimates which contemplate a certain expenditure of time and money, and it is thereafter discovered that, without fault on either side, so much more time and money will be required than was contemplated as to render the enterprise of doubtful success from the point of view from which it was undertaken, the one has no claim against the other for damages because the latter declines to go on after such discovery.</p> <p>2. The losses, in such case, should be equally divided, but an action will not He for the recovery of a particular item of expenditure or disbursement, and the partner claiming a balance, upon settlement of the whole transaction, must establish the credits claimed by him with reasonable certainty.</p>