Western Lumber & Pole Co. v. Joslyn

Citations

• 66 Wash. 524
• 120 P. 69
• 1912 Wash. LEXIS 798

Syllabus

<p>Partnership — Dissolution—Retirement and Release of Partner — Evidence—Sufficiency. Where partners had contracted in writing for the cutting of timber owned by them, a release of one of the partners is not shown by evidence that some months later he sold his interest in the subject-matter to his copartner, gave notice thereof and that the partnership was dissolved, and that the other party to the contract continued the work, looking for his pay to the other partner, against whom he carried the account on his hooks, where it appears that the account happened to be so carried because payments of checks were made by such partner, and where no release was given or talked about.</p> <p>Estoppel — Mistake—Prejudice. Upon an issue as to the release of one partner from liability on a partnership contract, the fact that both parties to the contract took it for granted that the withdrawal and assignment of one partner ipso facto worked a release, does not amount to a release by way of estoppel, where the performance of the contract was continued the same as before and nothing was done to mislead the retiring partner to his disadvantage.</p>