Markstaller v. Markstaller

SMITH, Justice.

Respondent Arnold Markstaller hereinafter is designated as respondent.

Appellant has appealed from a judgment of dismissal which resulted when the trial court sustained respondents’ demurrer to appellant’s complaint without leave to amend. Relevant alleged facts are hereinafter related.

December 30, 1955, appellant filed his complaint. He alleges the formation of a partnership about December 30, 1947, between himself and respondent under the name of “City Sanitary Service”; that said business was and is conducted pursuant to the terms of a contract with the City of Moscow whereby…