Maitland v. Purdy

Citations

• 49 Wash. 575
• 96 P. 154
• 1908 Wash. LEXIS 623

Syllabus

<p>Partnership — Actions Between Partners — Dissolution Agreement — Evidence—Sufficiency. In an action between former equal partners, plaintiff’claiming that upon dissolution the defendant had overdrawn in a cei'tain sum, and had agreed to pay plaintiff any sum overdrawn, findings that no such promise was made are sustained where the evidence was conflicting, in view of the improbability of such promise.</p> <p>Same — Rights and Duties. Upon the dissolution of an equal partnership, an express promise is not necessary for the recovery of one-half of the sum overdrawn by one of the partners.</p> <p>Pleadings — Amendments—Abuse of Discretion — Partners—Accounting. In an action between former partners, upon an alleged Xiromise to pay whatever amount was overdrawn on dissolution of the partnership, it is an abuse of discretion to refuse leave to amend the complaint so as to ask an accounting, where it appears at the trial that no such promise was made as alleged, but that the parties had been equal partners and that defendant had overdrawn a sum that could be determined only upon an accounting; since a party is not to be turned out of court if entitled to any relief.</p>