McIntyre v. Johnston

Citations

• 63 Wash. 323
• 115 P. 509
• 1911 Wash. LEXIS 1201

Syllabus

<p>Partnership — Accounting—Partnership Property — Evidence— Sufficiency — Laches. In. an action for a partnership accounting, an indefinite agreement for partnership relations respecting the operation of a boat to be owned equally by the parties, the hull of which was furnished by plaintiff and the engines and principal part of the expenses by the defendant, is not sufficient to create a partnership in two other boats, thereafter acquired by the defendant, in which the engines of the old boat were installed, where it appears that the partnership operations had been discontinued for a year, the plaintiff taking the hull of the old boat and the defendant the engines, that the' defendant used and exercised full control over the new boats, and the plaintiff took the hull of the old one, and later stored and did work for the defendant on the new boats, charging defendant full value for such storage and service, and made no claim to an interest therein for seven years.</p> <p>Partnership — Accounting—Conditional Sale of Property — Title —Evidence for Accounting — Sufficiency. A partnership accounting for a half interest in a mining claim, alleged to have been acquired by defendant in a trade for a partnership boat, is properly denied, where it appears that the partnership relations had been discontinued, that the boat and claim were considered only of nominal value, the claim being offered to defendant for $150, and that he agreed to take the boat back and pay $150 in case the vendee could not make it run, which defendant did long before the mining claim was found to be of value; since the boat was only conditionally sold, ,the title thereto did not pass, and it did not form the consideration for the claim.</p> <p>Appeal — Review — Trial — Findings — What Constitutes — Necessity of Exceptions. Where the trial court, in dismissing an equitable action, refused to make specific findings of fact and conclusions of law, it is not necessary, in order to secure a review on appe