Kaufmann v. McKissack

OPINION

WILSON, Justice.

Defendant’s plea of privilege was overruled and he appeals. Plaintiff’s petition alleged an agreement whereby he and defendant were to divide any profit from corporate stock transactions, and sought recovery of asserted profits with an injunction restraining transfer of stock. He pleaded “that under the letter agreement between plaintiff and defendant, plaintiff is entitled to one-half of the profits”. The pleading did not allege the terms of the letter. An accounting was demanded.

Plaintiff’s controverting plea averred that his action was “for an accounting pursuant to…