Bird v. Wilcox

The opinion of the court was delivered by

Burch, J.:

The action was one by an excluded partner for an accounting and for recovery from his associates of his share of proceeds of the business. The plaintiff recovered, and the defendants appeal.

While the charging part of the petition did not use the word partners, or the word partnership, it stated in full the facts concerning the relationship of the parties, and disclosed a partnership. Besides this, the petition alleged a demand for a partnership settlement and accounting, and the prayer for relief contained the characteristic words of a…