Clark v. Bandy

Bell, Chief Justice.

Clark sued Bandy. His petition as amended contained two counts. Count 1 alleged the existence of a partnership between the parties and a repudiation thereof by the defendant, and prayed for an accounting and judgment. Count 2 alleged an executory agreement between the plaintiff and the defendant to form a partner-' ship, a breach by the defendant, and sought an accounting and damages. After the introduction of evidence by the plaintiff, the judge, on motion of the defendant, ordered a nonsuit. The plaintiff excepted, and the judgment was reversed by this court. Clark v.…