Curry v. Stewart

The opinion of the court was delivered by

Price, J.:

This was an action to rescind a written agreement by which a partnership was dissolved and for an accounting of profits accrued after the effective date of dissolution. From a judgment in favor of plaintiff, defendants have appealed.

The factual background of the matter is this:

In 1913 the defendant, Edgar Stewart, started in the paving contracting business. Two years later his brother, defendant Oscar Stewart, joined him as a partner, and the business was operated as the Globe Construction Company. In 1941 Edwin M. Curry, the plaintiff…