Yarwood v. Billings

Citations

• 31 Wash. 542
• 72 P. 104
• 1903 Wash. LEXIS 665

Syllabus

<p>PARTNERSHIP — ACTION BOB ACCOUNTING — JUDGMENT.</p> <p>In an action for an accounting between partners, a court of equity has power not only to state the account between the parties, but to enter a money judgment in favor of one and against another, as the state of the account may require.</p> <p>SAME — CONVERSION — OUTSIDE THE ISSUES.</p> <p>Where a suit is in equity for an accounting and partition of personal property between partners, and not an action at law for conversion, the refusal of the court to enter judgment in favor of plaintiff for the value of the property would not be error, although defendants had refused to acknowledge his right of possession when demand was made upon them.</p> <p>TRIAL ON WRONG THEORY-WHEN WITHOUT PREJUDICE.</p> <p>Where the theory on which a case was tried was adopted on the insistence of defendants, over the objection of plaintiff, they cannot urge on appeal that it was an erroneous theory, or without the issues made by the pleadings.</p>