McGarry v. Proffitt

California Supreme Court

McGarry v. Proffitt

1 Cal. Unrep. 517

CourtCalifornia Supreme Court

DecidedAugust 27, 1869

DocketNo. 1889

StatusPublished

This text of 1 Cal. Unrep. 517 (McGarry v. Proffitt) 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.

Bluebook

McGarry v. Proffitt, 1 Cal. Unrep. 517 (Cal. 1869).

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Opinion

SAWYER, C. J.

Upon the facts alleged in the complaint and found by the court, Proffitt and Houston were not partners, but only tenants in common of the cattle in dispute, and as cotenant, Proffitt had no authority to sell Houston’s interest in them. This is the principal question in the case. Without a particular discussion of the several minor questions raised, it is sufficient to say that we find nothing in this record to justify us in reversing the judgment.

Judgment and order affirmed.

We concur: Crockett, J.; Rhodes, J.; Sanderson„ J.; Sprague, J.

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SAWYER, C. J.

Upon the facts alleged in the complaint and found by the court, Proffitt and Houston were not partners, but only tenants in common of the cattle in dispute, and as cotenant, Proffitt had no authority to sell Houston’s interest in them. This is the principal question in the case. Without a particular discussion of the several minor questions raised, it is sufficient to say that we find nothing in this record to justify us in reversing the judgment.

Judgment and order affirmed.

We concur: Crockett, J.; Rhodes, J.; Sanderson„ J.; Sprague, J.

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Bluebook (online)

1 Cal. Unrep. 517, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcgarry-v-proffitt-cal-1869.