Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)

A. W. WHITNEY v. JOSEPH PURRINGTON

         The complaint purports to be for an account stated. But on the trial, the proofs related to a case for goods sold and delivered. The proofs did not correspond with the complaint, and no application was made to amend.

         OPINION          The Court:

         The complaint charges that the parties entered into a partnership to sell hay, grain, etc. That the business was continued until April, 1879, when an accounting of the whole business was had and a settlement made, by which there " became due" (was found to be due) from defendant to plaintiff a certain sum. The evidence tended to prove a purchase of the plaintiff's interest in the goods and assets of the firm by defendant. The Court below nonsuited plaintiff, in which we can not say there was error.

         Judgment and order affirmed.

Use AI to get other relevant cases.

Comments

Whitney v. Purrington
(Jul 1, 1881)