Price v. Drew

Citations

• 18 Fla. 670

Syllabus

<p>1. A. and B. shii> a cargo of yellow pine-piles to New York City on their joint account, upon the agreement that they would bear equally the expenses thereof, and share equally in the profits and proceeds of the shipment. A. advances to B. on account of the shipment $284, and settles a loss of $1,204 incurred in the venture. The parties are partners, and in the absence of any settlement or balance struck, or covenant to account by the partners of promise express or implied, the remedy of A. is in equity and not at law.</p> <p>2. Where there is a demurrer to a idea restricted to one count in a declaration, and there are issues of fact upon other counts in the declaration, the court in giving judgment upon the demurrer, looks only to that' part of the record upon which it arises, and if both the count and plea are bad in law, the judgment upon-the demurrer ■ is against the count.</p> <p>3. A demurrer to a plea to the whole declaration should be sustained if there are any good counts in the declaration to which it sets up no answer in law.</p> <p>4. That the matters developed in the trial are matters cognizable in equity and not at law, is a good ground to set aside the findings of a referee.</p> <p>5. The limitation to an action on a contract obligation or liability not founded upon an instrument of writing, such as is set up in the indebitatus assumpsit counts for money paid, for money found to be due, and for money payable, in this case is three years.</p>