Haughton v. Soule

Citations

• 93 Kan. 430
• 144 P. 995
• 1914 Kan. LEXIS 449

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Partnership — Note Given by One Partner for Copartner’s Interest — Interest Returned to Vendor — Accepted—Note Satisfied. Where A, as owner of an interest in a certain partnership property, sells such interest to B and accepts the promissory, note of B, with a surety, for the purchase price, and where thereafter litigation is instituted which may affect A’s interest in the property and B, with knowledge thereof, attempts to surrender the property to A, which A at,the time neither accepts nor refuses, but thereafter, with his former partners, joins in a bill of sale of the property to other parties and accepts such proportionate share of such purchase price as his former interest would have entitled him to, and also procures a judgment that B has no interest in the property, held, that A will not be heard to say that he has not accepted a return of the property from B or that B or his surety is still indebted to him for the note given for the purchase price.</p>