Von Schmidt v. Von Schmidt

Citations

• 115 Cal. 239
• 46 P. 1056
• 1896 Cal. LEXIS 1001

Syllabus

<p>Appeal from Judgment Favorable to Appellant. —Where a judgment-appealed from is clearly favorable to appellant, it should not be reversed unless for some material error which is quite clear and palpable.</p> <p>Partnership—Accounting—Improvement of Land—Proceeds—Family Expenses.—In an action for an accounting and settlement of a partnership between a father and son for the purchase, improvement, development, and cultivation of land, where the father was to advance the purchase money for the land, for which he was to be reimbursed, and was also to advance from his individual resources all the outside independent capital and money that should be necessary to the development and cultivation of the land as an offset against the care and services of the son in its development, and not that the proceeds of the land should not be used in its future development and cultivation, and there was no agreement that the son was to be entitled to support for himself and family, it is not error for the court to refuse the son a credit for one-half of the proceeds of the land, where there is no finding as to the amount of his family expenses, and it is evident that that amount would exceed one-half of such proceeds.</p>