Weiss v. Weiss

This is an action by Herman A. Weiss to recover money alleged to be due him from the defendant, Elmer A. Weiss. A jury was waived and the action tried to the court. The trial court found that there was $5,200 due the plaintiff and entered judgment for that amount. The plaintiff’s motion for new trial was overruled and he has appealed.

The plaintiff and the defendant are brothers. Following the death of their father, the members of the family entered into an agreement for a division of the family property. Under the agreement the plaintiff was to receive the east half of the southwest quarter…