Miles v. Thorne

California Supreme Court

Miles v. Thorne

1 Cal. Unrep. 235

CourtCalifornia Supreme Court

DecidedNovember 7, 1865

DocketNo. 681

StatusPublished

This text of 1 Cal. Unrep. 235 (Miles v. Thorne) 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

Miles v. Thorne, 1 Cal. Unrep. 235 (Cal. 1865).

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Opinion

SAWYER, J.

This is an action for dissolution of an alleged partnership for an account.

It is insisted that judgment on the facts should have been for plaintiff. We think not. They do not show a partnership. The most that can be claimed for them is, that defendant verbally promised that plaintiff should have one-half the road, and then refused to execute the promise. This does not constitute a partnership.

Judgment affirmed.

We concur: Sanderson, C. J.; Shatter, J.; Currey, J.; Rhodes, J.

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SAWYER, J.

This is an action for dissolution of an alleged partnership for an account.

It is insisted that judgment on the facts should have been for plaintiff. We think not. They do not show a partnership. The most that can be claimed for them is, that defendant verbally promised that plaintiff should have one-half the road, and then refused to execute the promise. This does not constitute a partnership.

Judgment affirmed.

We concur: Sanderson, C. J.; Shatter, J.; Currey, J.; Rhodes, J.

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Bluebook (online)

1 Cal. Unrep. 235, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miles-v-thorne-cal-1865.