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Eakin v. Fenton

Eakin v. Fenton, Administrator of Fenton

Eakin v. Fenton, 15 Ind. 59 (1860)
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Court
Indiana Supreme Court · State Highest Courts
Decided
November 27, 1860
Citations
15 Ind. 591860 Ind. LEXIS 285
Headnotes
A partner purchased the interest of his co-partner, in the partnership property, under a mistake as to the true condition of the partnership accounts, but without fraud in the party selling. Held, that there was no legal consideration for a promise of the partner selling, to make up the amount of the mistake. Held, also, that a moral consideration is insufficient to support an action.
Summary
APPEAL from the Clark Common Pleas.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Per Curiam.

One partner bought out his co-partner, for a certain price. Afterward, he alleged that the purchase was made under a mistake of the true state of the partnership accounts, and claimed that he should be allowed a certain sum by the partner selling. There was no fraud. The partner promised to pay the sum, and is now sued on the promise. He denies there was any consideration for it.

Abey v. Bennett, 10 Ind. 478 , and Spahr v. Hollingshead, 8 Blackf. 415 , decide that there was no legal consideration: and Wiggins v. Keizer, 6 Ind. 252 , decides that a moral one •is insufficient.

The judgment is affirmed with costs.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1869–1870: 11873–1874: 11875–1876: 118692026peak 1869 · 1

Relies on it most ⓘ

  1. Frey v. City of Fond du Lac24 Wis. 204 (1869)
  2. Maher v. Martin43 Ind. 314 (1873)
  3. Hasselman v. Douglass52 Ind. 252 (1875)

Most recent

  1. Hasselman v. Douglass52 Ind. 252 (1875)
  2. Maher v. Martin43 Ind. 314 (1873)
  3. Frey v. City of Fond du Lac24 Wis. 204 (1869)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Wiggins v. Keizer, 6 Ind. 252 (1855) 36
Spahr v. Hollingshead, 8 Blackf. 415 (1847) 15
Abey v. Bennett, 10 Ind. 478 (1858) 2

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