Leedom v. Ham

Citations

• 5 Cal. Unrep. 633
• 48 P. 222
• 1897 Cal. LEXIS 936

Syllabus

<p>Partnership—Rights of Partner.—Plaintiff, Having Leased a Farm, and taken S. as a partner, agreed that the lessor might sell enough of the future crop to pay the rent; whereupon the latter bargained nineteen tons to third persons, but nothing was paid, nor any delivery made to them or to the lessor. Subsequently the whole crop, amounting to less than nineteen tons, and which constituted the entire partnership assets, was attached as the property of S., and purchased at execution sale by the attaching creditor. Held, that under Civil Code, section 2405, giving each partner a lien on the assets for the payment of firm debts, and for any general balance due him, plaintiff was entitled to recover his share from the creditor.</p> <p>Partnership—Rights of Partners.—Plaintiff was not Estopped, though he had, through mistake of law, notified the officer at the time of the attachment that he owned one-half the crop, “less nineteen tons belonging to” the lessor.</p>