Denny v. Guyton

ON Motion FOR Rehearing.

ATWOOD, J.

— In their motion for a rehearing respondents insist that under the pleadings appellant is not entitled in any event to participate in profits made in the business of furnishing horses and mules to the British Government and other belligerent allied powers engaged in the World War after March 1, 1916, the date of the sale agreement between J. C. Wolcott and J. D. Guyton. A brief survey of the record pertinent thereto will disclose the fallacy of such a claim.

Plaintiff’s amended petition alleged that it was “agreed that the said joint adventure should continue…