Clement A. Evans C Inc. v. Waggoner

Jenkins, Presiding Justice.

Exception is taken to the overruling of a demurrer to a petition, setting up an alleged cause of action wherein the plaintiff seeks an accounting in equity under an alleged agreement creating a joint enterprise for the purchase and resale of certain described securities. The defendant contends that there was no valid contract, and that consequently no cause of action was shown. It is contended that under the allegations of the petition, the “joint account” really amounted to nothing more than preliminary negotiations looking to the making of a contract, and that,…