Phillips v. Phillips

CROW, Judge.

Junior Phillips sued his brother, Merle Phillips, for a “partnership accounting.” Merle 1 moved to dismiss, averring the suit was barred by a judgment in his favor in an earlier action between the parties. The trial court granted Merle’s motion. Junior appeals.

Junior’s petition pled he and Merle formed a partnership in 1986 to engage in the timber business, all profits and losses to be shared equally. The petition further alleged: (1) Junior delivered $6,000 to Merle on or about March 21,1988, (2) Merle “paid a similar amount and purchased a truck-mounted ‘loader’ ... for…