Embree v. Koelsch

The opinion of the court was delivered by

Smith, J.:

This was an action by a partner to recover profits from the partnership. • Judgment was for the plaintiff. Defendant appeals.

The petition alleged that plaintiff and the L. H. Pettit Grain Company about the first of January, 1937, entered into a contract for the operation of a truck and parts business, whereby the grain company was to furnish the capital and plaintiff was to operate it as assistant manager, and plaintiff was at the end of the year to receive as his compensation one-half of the net earnings of the business, deducting therefrom…