Lesser v. Samett

Opinion by

Mr. Justice Day.

The parties are here in the same order as they appeared in the trial court.

Ben Lesser, the plaintiff, and Ben Samett, the defendant, orally formed a partnership in April of 1956, to engage in the purchase, feeding, and sale of cattle. Defendant was an officer and director of the Zenith Packing Company, the purchaser of most of the cattle. Differences arose between the parties, and plaintiff allegedly then requested an accounting. No agreement was reached and this action was filed.

The complaint sets out the above facts, alleges that defendant failed to assure the best…