Schwartz v. Stone

Mr. Chief Justice

Moore delivered the opinion of the Court.

We will herein refer to plaintiff in error M. S. Schwartz as Schwartz, and to defendant in error Herman H. Stone as Stone.

The writ of error issued in this case involves consideration of two actions disposed of by the district court of the City and County of Denver, under circumstances hereinafter set forth.

The first of these district court actions was No. A-5&155 in which Schwartz filed his complaint against Stone alleging that the latter had agreed to pay $40,000 *224for the' interest of Schwartz in a partnership business in which the…