Miller v. Bottenberg

The appellant, Miller, sued the appellee Bottenberg and another, to dissolve a partnership theretofore existing betwen said parties, and for an accounting.

Upon the issues joined there was a trial, finding and judgment for the defendants.

The only error assigned and not waived by the appellant is upon the action of the superior court in overruling a demurrer to the third paragraph of the answer of the defendant Bottenberg. The answer admitted that such partnership had existed, but alleged that prior to the commencement of this suit “said defendant and said Miller agreed, in writing, upon terms…