Rupe v. Kemp

Citations

• 99 Wash. 371

Syllabus

<p>Partnership—Sale of Interest—Written Assignment — Necessity. A written assignment of a partner’s interest to his copartner for cash and a note for the balance is not necessary to transfer the partner’s interest in a patent and royalties, where the retiring partner ceased to be a factor in the business and the other partner took entire charge and control; the agreement to evidence the sale by a written assignment being in effect carried out by the conduct of the parties.</p> <p>Appeal—Time for Taking—Entry of Judgment. The time for taking an appeal begins to run from the time of entering formal judgment, and not from the time of the decision before findings were made, notwithstanding formal judgment was entered under compulsion.</p> <p>Appeal—Notice—Certainty. Where there was .but one formal judgment a notice of appeal therefrom is not uncertain in failing to designate the judgment and distinguish it from the decision prior to findings.</p> <p>Appeal—Proceedings to Perfect—Bond. A defect in the form of a bond agreeing to pay all costs awarded to appellant instead of against him, is an informality that does not affect its validity.</p> <p>Same. Upon appeal from a judgment for $366.99 and also cancelling a note, an appeal and supersedeas bond in the sum of $1,000 is sufficient, where the judgment puts no duty on the appellant to cancel and deliver the note.</p>