Kyser v. Hiebert

This is an appeal from a judgment of the district court in favor of the plaintiff, Leo Kyser, in an action for an accounting. The defendants below comprise a partnership and will be referred to in this opinion as the appellant, as will the defendant, Harold L. Hiebert, who represented the partnership in all transactions pertinent to this controversy and at the trial.

The material facts are as follows: On July 8, 1953, the appellant and respondent, both general contractors, executed a written agreement providing for the financing, supervision and performance of two named contracts “and any…