(DOWNLOAD) "Ivins v. Hardy" by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: Ivins v. Hardy
- Author : Supreme Court of Montana
- Release Date : January 03, 1950
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
1. Appeal and error ? Law of the case. The Supreme Courts pronouncement, on appeal from interlocutory decree ordering dissolution of joint venture in purchase of ranch lands and directing accounting, that evidence was sufficient to show - Page 514 joint adventure to purchase additional lands for parties mutual and joint benefit, that accounting should so allow, and that plaintiff, suing for relief granted, should receive benefit of defendants purchase of such lands and be charged with share of purchase price, became law of case and must be adhered to throughout subsequent proceedings in trial court and on appeal from final decree and judgment for plaintiff. 2. Frauds, statute of ? No memoranda in writing. Defendants denial of parties alleged agreement to lease and purchase additional lands for their mutual and joint benefit gave him right to contend that such agreement was void because neither it nor any note or memorandum thereof was in writing. 3. Frauds, statute of ? Effect of no writing in suit to dissolve partnership. The fact that there was no memoranda in writing was no defense to suit to dissolve parties joint partnership and require accounting, where both parties performed their parts of agreement and defendant purchased additional lands, as it would be fraud to permit him to retain plaintiffs interest therein. 4. Reference ? Effect of Referees finding. Held that referees report and other exhibits were sufficient to show full accounting of the parties to the joint adventure and that any failure of such report was due to defendants failure to submit the proper proof to the referee. 5. Reference ? Modification of Referees report. The trial court, in exercise of sound discretion, was within its rights in making modifications, justified by evidence. 6. Appeal and error ? Substantial evidence rule as applied to referees findings. A referees report or findings, when approved and adopted by trial judge, will be treated as unassailable on appeal, if sustained by any substantial evidence.
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