Blakemore v. Blakemore

Louisiana Court of Appeal

Blakemore v. Blakemore

1 Gunby 62

DecidedJuly 1, 1885

StatusPublished

This text of 1 Gunby 62 (Blakemore v. Blakemore) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Blakemore v. Blakemore, 1 Gunby 62 (La. Ct. App. 1885).

Pincite

Opinion

Gunby, J,

Tnere can be no arbitration without a submission, which must be in writing; C. C. 3100; therefore, the friendly and neighborly settlement, drawn up by so-called arbitrators without a written submission, can have no legal or binding effect.

2. Where open accounts have been thus settled, even though the settlement be ratified, either party may attack errors in the accounts and the justness of the settlement.

3. A partnership cannot be settled by piece-meal, by giving to each partner his interest in specific property; the affairs of the entire partnership must be stated and settled at once.

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Gunby, J,

Tnere can be no arbitration without a submission, which must be in writing; C. C. 3100; therefore, the friendly and neighborly settlement, drawn up by so-called arbitrators without a written submission, can have no legal or binding effect.

2. Where open accounts have been thus settled, even though the settlement be ratified, either party may attack errors in the accounts and the justness of the settlement.

3. A partnership cannot be settled by piece-meal, by giving to each partner his interest in specific property; the affairs of the entire partnership must be stated and settled at once.

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Bluebook (online)

1 Gunby 62, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blakemore-v-blakemore-lactapp-1885.