Slaff v. Slaff

FREDERICK VAN PELT BRYAN, District Judge.

Defendant moves, pursuant to Rule 12, F.R.Civ.P. 28 U.S.C.A., to dismiss the counterclaim pleaded in plaintiff’s reply on the ground that it fails to state a claim upon which relief can be granted.

The plaintiff wife is suing defendant husband for an accounting of the rentals of real property in Florida owned by the parties as partners, title to the property being in the name of both husband and wife.

The answer admits the partnership but denies that plaintiff is -entitled to an accounting. It also alleges that one Gertrude Chapman, who is defendant’s…