Garr v. Redman
Before: Heydenfeldt
Synopsis
A bill for an account is the proper remedy for the settlement of the proceeds of a joint adventure, where in consideration of outfit and advances made by plaintiff, the defendant agreed to account for and pay over a proportion of the proceeds of his labor and speculations of every kind for a certain period of time ,* although the parties may not have been technically partner's.
Nor is it a misjoinder of causes of action to demand, in the same action, that defendant account for and refund a proportion of the outfit and advances made by plaintiff, as agreed in the same contract.
The opinion of the Court was delivered by Mr. Justice Heydenfeldt. 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.
More from California Supreme Court
- People v. Wende (1979)
- People v. Watson (1956)
- People v. Superior Court (Romero) (1996)
- People v. Kelly (2006)
- Auto Equity Sales, Inc. v. Superior Court (1962)
- Aguilar v. Atlantic Richfield Co. (2001)
- People v. Lewis (2021)
- In Re Estrada (1965)
- Denham v. Superior Court (1970)
- People v. Marsden (1970)