Kelley Et Ux. v. Mallory Et Ux.

This is a suit for an accounting. Prom a decree dismissing the plaintiffs’ complaint with prejudice, they appeal.

On April 2, 1948, the respondents as the first parties and the appellants as the second parties entered into an agreement (hereinafter referred to as “the agreement”), the pertinent parts of which read as follows:

“That the said parties of the first part own and operate a Sales and Service of automobiles, trucks, farm and electrical equipment business, in the City of Clatskanie, Oregon, under the assumed name of Mallory Chevrolet Company. That the said parties of the first part do…