Warner v. Harris

From a judgment in favor of plaintiff after trial before the court without a jury in an action for an accounting, defendant appeals.

The essential facts are these:

Plaintiff filed a complaint containing two counts, the first to establish a trust, the second for the dissolution of a partnership and an accounting.

Defendant filed a general and special demurrer to each count of the complaint, which demurrer was overruled. Thereafter following a trial the court entered a judgment in favor of plaintiff, and among others made the following finding: “VII That it is true as alleged in the ‘Third,…