Ivinson v. Hutton - 98 U.S. 79 (1878)
U.S. Supreme Court
Ivinson v. Hutton, 98 U.S. 79 (1878)
Ivinson v. Hutton
98 U.S. 79
A. and B., having arranged the terms on which the partnership between them should be dissolved, stipulated that their clerk should examine their books, ascertain the amount which each had put into the firm, and each had drawn out, and report the same as the basis of their agreed settlement, and that if any error was made, it should be corrected when discovered. The clerk made the examination and reported that the sum of $47,039.54 was due from B. to A. Thereupon, supposing the report to be correct, each made, executed, and delivered to the other all the papers necessary to perfect and complete the terms and conditions of the dissolution of the partnership. On the same day, the clerk discovered that he had made an error of $4,036.12 against A. B. having refused to correct it, A. filed his bill praying for an account, the correction, amendment, and cancellation of the papers so executed by them, and for a decree for the payment of the $4,036.12 due him. The bill was dismissed, on the ground that A.'s remedy was at law. Held that the decree was erroneous.
The facts are stated in the opinion of the Court.