Stone v. Fouse
Citations
- 3 Cal. 292
Syllabus
<p>The contract declared, on, contained a covenant for stipulated damages, and by the same contract, the parties were constituted partners. The plaintiffs prayed judgment for the liquidated damages, and for an account, and dissolution of the partnership. Defendant demurred, assigning for cause that two causes of action, the one of legal, and the other of equitable jurisdiction, could not be joined, and the District Court sustained the demurrer. Held, that this was error.</p> <p>Partners cannot sue one another at law, for any of the business or undertakings of the partnership. This can only be done in chancery, by asking for a dissolution and an account.</p> <p>If damages accrue in such proceedings, if liquidated, they can be settled by the court, if unliquidated, by directing an issue to have them ascertained.</p> <p>Plaintiffs cannot sue on this contract in any form, without seeking an account and dissolution.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- tax on use of city streets for business purposes not a tax on deliveries or sales from trucks but privilege tax for use to carry on business on streets, and did not impermissibly divide business into constituent elements for tax purposes
Source: CourtListener parenthetical corpus (CC0).
Judges: Heydenfeldt
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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