Crites v. Wilkinson
California Supreme Court · 1884-08-28 · cited 2×
The case involved a dispute over cattle owned by a partnership between the plaintiff and defendant Wilkinson, where Wilkinson allegedly conspired with Muller to sell the property and deprive the plaintiff of his interest. The trial court found that the sale dissolved the partnership, leaving the plaintiff and Muller as equal owners of forty-six head of cattle as tenants in common, and entered judgment to that effect. On appeal, the court reversed, ruling that because the partnership was formed to deal in cattle as merchandise, either partner had authority to sell the whole under the Civil Code, and a good-faith purchaser like Muller was protected even if Wilkinson acted in bad faith. The court instructed the lower court to render judgment for the defendants on the findings, noting that the plaintiff's remedy for any bad faith was against Wilkinson alone.
