Painter v. Hines

Citations

• 86 Kan. 832
• 122 P. 1036
• 1912 Kan. LEXIS 399

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Partnership — Purchase and Sale of Land — Accounting. A man actively engaged in the general real estate business entered upon a joint venture with another in the purchase and sale of a tract of land, the profits or losses to be shared equally. The court found that they agreed that each would give special attention and his time to the selling of the land and would faithfully and diligently endeavor and use his best and special efforts to sell as soon as possible. Upon a suit for an accounting after a speedy and profitable sale of the land the defendant, without claiming extra compensation for his own services and without evidence of damage to the firm, was permitted to recover for the failure of the plaintiff to devote proper attention to the enterprise. Held, error.</p> <p>.2. - Same. In such an accounting the defendant was allowed credit for expenses, and the plaintiff asked to open up the case and establish an expense account also. Held, that his request should have been granted.</p>