Seidell v. Taylor

Citations

• 86 Wash. 645
• 151 P. 41

Syllabus

<p>Partnership — Actions by Partners — Torts—Injury to Business —Complaint—Sufficiency. A complaint on behalf of a partnership conducting a bakery business, alleging an assault upon the two members of the firm, in their place of business, in the nature of a public brawl, resulting in injury to the partnership business through the loss of reputation and the entire patronage of the business, states a cause of action entitling the partnership to relief, rather than a right of action personal to each member assaulted.</p> <p>Actions — Misjoinder of Causes — Complaint — By Partners— Election. Where an assault upon two members of a partnership in their place of business was in the nature of a public brawl, incapacitating the members of the firm from conducting the business and resulting in injury thereto through the entire loss of patronage, a complaint seeking no damage except that resulting in damage to the business of the firm does not state two causes of action because of alleging the personal assault upon the members; and but one cause being alleged, there was no necessity of an election.</p> <p>Partnership — Actions by Partners — Torts—Loss of Good Will —Evidence of Value. In an action for the loss of the good will of a partnership business through an assault upon the members of the firm amounting to a public brawl upon the premises and resulting in entire loss of patronage, the value of the good will is sufficiently established by evidence showing, in considerable detail, the manner of carrying on the business, and its receipts, expenses, and profits for some time prior to the assault; especially as damages from a wilful, malicious tort need not be measured with any degree of nicety.</p>