Hanson v. Lassek

-By his petition in an action at law, plaintiff asserted a partnership between himself and defendant, subsequently terminated, and an uncompensated expenditure of funds in connection with the venture, for which he asked judgment.

On defendant’s motion, with no resistance by plaintiff, the case was transferred to equity and so tried.

Defendant’s answer, as amended, admitted the partnership, then by counterclaim reasserted the relationship and requested an accounting.

As best we can determine, plaintiff’s amendment to his petition alleged, in substance, the partnership was to be on a cash basis;…