Lawrence v. Halverson

Citations

• 41 Wash. 534
• 83 P. 889
• 1906 Wash. LEXIS 1002

Syllabus

<p>Paetneeshe? — Asbeement foe — Evidence—Sufficiency. There is sufficient evidence of a partnership agreement whereby the plaintiff was to perform the work and labor and the defendant to furnish the money to construct a house upon premises to be owned by them jointly, where it appears by the testimony of both parties that the land was bought by the defendant, who also furnished money to buy the materials for the house, and the house was built by the plaintiff pursuant to such an arrangement, the defendant admitting that originally the agreement was that she was to sell the house and the plaintiff was to “get his share when the property was sold.”</p> <p>Partnership — Termination. A partnership agreement for the ownership of a house and lot standing in the name of one party cannot be summarily terminated by such party on becoming dissatisfied with the manner of performance of the other party.</p> <p>Equity — Jurisdiction—Retaining foe all Purposes. Where a court of equity acquires jurisdiction of a cause for one purpose, it retains it for other purposes necessary to a final determination of the whole controversy, if they are germane to, or grow out of the matter, and are not distinct legal rights not affected by the adjudication of the equitable questions.</p> <p>Equity — Specific Performance of Partnership Agreement — Relief. In an action for the specific performance of a partnership agreement for the joint ownership of premises the legal title to which is held by the defendant, a decree adjudging that the plaintiff be declared the owner of an undivided half interest in the property on condition that a certain balance be paid to the defendant, although the plaintiff is under no obligation to pay the same, is within the equitable powers of the court, on the principle that having acquired jurisdiction for one purpose, it could maintain it for other purposes necessary to a final determination of the controversy which were germane thereto, and grant any relief to which