Behneman v. Schoemer

On October 23,1923, the original complaint was filed in the lower court by appellant against respondents named therein, seeking ah accounting from respondents, setting up a contract between them entered into October 19, 1917, for the purpose of reorganizing and operating a failing, or near failing, business, until tbe business should be made to pay, or, as the contract expressed it, “showed a surplus.” Among other things, that complaint alleged that appellant had done and performed all things by him to be performed pursuant to the contract; that the business had been put upon a paying basis;…