Donie v. Associated Co., Inc.

The opinion of the court was delivered by

Price, J.:

This is an appeal from an order overruling a demurrer to an amended petition in an action for an accounting of the profits of the corporate defendant and for judgment for one-sixth of such profits.

There are two defendants in the action — Associated Co., Inc., and Leo B. Bowman. On January 2, 1952, plaintiff filed the action against only the corporate defendant. After alleging plaintiff’s residence and that the defendant was a Kansas corporation, the petition alleged:

“On the 12th day of October, 1950, Plaintiff and said defendant, by and…