Merriwether v. Hardeman

Citations

• 51 Tex. 436

Syllabus

<p>1. Partnership — Action — Contribution.— A partner who, in prosecuting the partnership enterprise, has advanced in excess of what was required of him by the terms of the partnership, cannot, in the absence of a contract authorizing it, maintain, an action for contribution for the excess without going into a general settlement of partnership accounts, under proper averments in the pleading. ■</p> <p>2. Case approved.—Lockhart v. Lytle, 47 Tex., 453, approved.</p> <p>3. Mistake—Reopening accounts.— A stated account will not be reopened for the qorreetion of alleged error, unless it be specified so particularly that it may be judged by itself.</p> <p>4. Partners—Reopening—Settlements.—In reopening a settlement between partners, alleged to have been procured by the fraud or mistake of the managing partner trusted as such, equity will allow more latitude than where no confidence is reposed.</p> <p>6. Partner’s contribution.—When, under a partnership contract, the proceeds of the enterprise constitute the primary fund from which a partner is to be reimbursed for excess in advances, and the partnership is, by consent, terminated before they are sufficient, the partner who has advanced in excess of the amftunt due from him may maintain his action for the excess.</p>