Evans v. Thornton

The opinion of the court was delivered by

Dawson, C. J.:

This is an appeal from certain rulings of the district court in an action for damages for alleged breach of contract, and in a cross action for damages based on alleged fraud. The jury failed to agree, and both parties have brought the record here to obtain an adjudication of such questions as are now appealable before proceeding further in the trial court. Those questions will be developed as we proceed.

It appears that in 1940 and for many years prior thereto the plaintiff, Ross J. Evans, and the late Lee Thornton were partners in a…