Garr v. Redman
This text of 6 Cal. 574 (Garr v. Redman) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Mr. Chief Justice Murray and Mr. Justice Terry concurred.
The Court erred in sustaining the demurrer to the bill of complaint.
It was properly filed for an account, whether the parties were technically partners or not. The character of the contract set out in the bill made an account necessary to determine their respective rights.
Nor is there any misjoinder of causes of action. The claim which, it is urged, is single against one of the defendants, forms part of the same subject matter, arising as it does out of the joint contract.
The judgment is reversed, and the cause remanded.
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Cite This Page — Counsel Stack
6 Cal. 574, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garr-v-redman-cal-1856.