Miles v. Thorne (1865) · DecisionDepot

Miles v. Thorne

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Nov 7, 1865 No. No. 681Published

Before: Currey, Rhodes, Sanderson, Sawyer, Shatter

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Holding. The court held that a verbal promise to grant an interest in a road, which was never executed, does not constitute a partnership.

Issues

Whether the facts presented in the action for dissolution of an alleged partnership were sufficient to establish a partnership.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“This does not constitute 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.”

Synopsis

APPEAL from Third Judicial District, Alameda County.

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.

Miles v. Thorne

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