Whitney v. Purrington

Appeal from a judgment for the defendant, and from an order denying a new trial, in the Superior Court of the County of Sonoma. Crane, J.

The complaint alleged that said agreement of partnership continued until the 11th day of April, 1879, when an accounting was had of the whole business done by plaintiff and defendant under said agreement, and settlement was made and agreed upon by the said plaintiff and defendant. That by said accounting and agreed settlement, there was and became due from said defendant to said plaintiff the sum of two thousand five hundred and seventy-three dollars and forty-five cents. That defendant then and there agreed that said amount was due and owing to this plaintiff, and he, the defendant, then and there agreed to pay said sum to this plaintiff. The evidence for the plaintiff in effect showed that at the date alleged a statement of the resources and liabilities of the firm was made, by which there appeared to be due from the firm to the plaintiff two thousand five hundred and seventy-three dollars and forty-two cents; the assets of the firm, including accounts, being two thousand eight hundred and seven dollars and fifty-one cents; and tended to show a purchase by the said defendant of the said assets, for the amount of the firm’s indebtedness to plaintiff.