Zwick & Zwick v. Suburban Construction Co.

OPINION

In these two actions for accounting services here appealed from Municipal Court on questions of law from judgments in favor of plaintiff, a partnership, we shall consider first Appeal No. 23712. and secondly, Appeal No. 23714,

Considering first Appeal No. 23712, the first assignment of error is that the court erred in entering judgment for plaintiff as assignee of the claim sued upon when there was no allegation of assignment set forth in the petition.

The record shows that the court entered a judgment for plaintiff, part of which was on a presumed oral assignment for services which had…