Grau v. Mitchell

We will refer to the parties as they appeared in the trial court where plaintiff in error was plaintiff and defendant in error was defendant.

Plaintiff filed suit for alternative forms of relief. In his first claim for relief he alleged a co-partnership with the defendant in the operation of a business in Parshall, Colorado. He sought dissolution of the partnership, appointment of a receiver, an accounting of the partnership assets, liabilities and profits, and distribution to the partners according to their respective rights and interests.

In his second claim for relief plaintiff alleged that…