Rosen v. Rosen

The plaintiff sues claiming a partnership with the defendant for the purpose of dealing in real estate. His essential prayer for relief is that the partnership be dissolved, its assets consisting of real estate be sold, its debts be paid and the net proceeds divided in accordance with the alleged partnership agreement. These prayers for relief are appropriate to the allegations of the complaint, which claim partnership. Plaintiff adds, however, a prayer for judgment declaring the interest of the plaintiff in the specific partnership properties to be certain amounts and he has filed a notice…