Schmoker v. Miller

Citations

• 89 Kan. 594
• 132 P. 158
• 1913 Kan. LEXIS 79

Syllabus

<p>SYLLABUS BY -THE COURT.</p> <p>1. Partnership — Accounting — No Mistake — -Settlement Final. In a farming and stock-raising business, carried on jointly for six years by the owner and the occupant of a farm, annual settlements were made after the first year and balances agreed upon. After the close of the business there was a final accounting and a balance found due to the occupant was agreed upon. A check was given by the owner in part payment of this balance with a promise to give notes for the remainder. At the same time a bill of sale was given by the occupant for his interest in the joint property. After all this had been done the owner demanded a credit for cream sold from the place. At two different annual settlements he had complained that too much cream was being sold but had never insisted upon any credit therefor. There was no charge or proof of any mistake or concealment in respect to the cream. Under the contract recited in the opinion, and in the circumstances stated, the court did not err in refusing to submit this claim for credit to the jury.</p> <p>2. -Pleadings — Evidence—Counterclaims. The pleadings and evidence relating to other items of credit claimed by the defendant are examined and the action of the district court in refusing to submit such claims to the jury approved.</p> <p>3. Partnership — Accounting—When Settlement is Final. Where in settlement of extensive business transactions parties have deliberately accounted and in good faith agreed upon a balance intended to be*'final, the result should be accepted by a ccsurt unless for some legally sufficient reason substantial justice requires that the settlement should be opened or set aside.</p>