Lupton v. Horn

This is a second appeal. The complaint in two paragraphs, as set out, in substance, in the opinion on the former appeal, remains unchanged. Horn v. Lupton (1914), 182 Ind. 355, 105 N. E. 237, 106 N. E. 708.

After the cause was remanded, the defendants filed a paragraph of affirmative answer, in addition to the denial previously filed, alleging therein that the contract of partnership set out in the complaint was terminated “by mutual consent of all the parties executing it”, on June 30, 1905; that, at that time, it was ascertained that there was due plaintiff (appellee), as her interest in the…