Miller v. Brigham

Citations

• 50 Cal. 615

Syllabus

<p>Pleadings.—If the plaintiff, in his complaint, alleges that he is the owner of and entitled to the possession of an undivided one-half of certain personal property, an allegation in the answer that the defendant is tho owner, coupled with an admission that he is in possession, puts in issue the title of the plaintiff.</p> <p>Sale by one Pabtneb.—If one of two partners sells to a third person his interest in the goods owned by tho partnership, the sale dissolves the partnership, and the purchaser cannot maintain an action to recover his interest in the goods, but must sue for an accounting, and will recover whatever his assignor would have been entitled to upon a settlement of the partnership accounts; and until the affairs of the partnership are thus wound up, the partner who did not sell is entitled to the possession of the property.</p>