Purvines v. Champion

Citations

• 67 Ill. 459

Syllabus

<p>1. Evidence—offer to a third party, when admissible. Where one partner offered to sell to a third party the partnership effects, except a span of bay horses, for §3000, or for §3500 including them, and the other partner, being unwilling to make the sale, offered to purchase on the same terms, and the offer was accepted, and the defendant partner afterwards took out the span of horses and kept them as his individual property, it was held, in a suit by the other partner to recover one-half of the value of the horses, that evidence of the offer to the third party was pertinent and important as showing the bargain between the two partners.</p> <p>2. Partnership—right of one partner to sue the other at law. Where a partner proposed to sell the partnership effects to a third person for $3500, or for §3000, reserving from the sale a span of horses, and his co-partner, being unwilling to sell, offered to purchase on the same terms, and the offer was accepted, and the partner selling afterwards elected to take the horses, valued- at §500, as his individual property, and it appeared that the partner purchasing had paid the other §1500, one-half of the price, and that there were no outstanding partnership debts or accounts to be settled: Held, that the partner taking the horses was liable to the other in an action at law for one-half their value, and that an express promise to pay was not necessary to a recovery.</p>