Pratt v. Howard

Howard’s sole defense was the pendency of another action, which had been heard, but not determined. In that, as plaintiff, he had averred the existence of a partnership between himself and Pratt, and prayed for its dissolution, an* accounting, and that certain contracts be set aside as obtained by fraud, or be specifically performed. Only one of these need be mentioned. The firm, with one Strahl, had established a store at Jolly, Iowa, and also owned a stock of goods át Sao City. They entered into an agreement (written) under which Pratt took the stock at Sac City *505and Howard, the firm’s…