California Supreme Court, 1865

Miles v. Thorne

Miles v. Thorne
California Supreme Court · Decided November 7, 1865 · Currey, Rhodes, Sanderson, Sawyer, Shatter
1 Cal. Unrep. 235

Miles v. Thorne

Opinion of the Court

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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