Burns v. Fincke

FAHY, Circuit Judge.

Appellant Burns, a plaintiff below, and appellee Fincke, a defendant, were partners engaged in the business of buying and selling new and used aircraft, aircraft engines, parts and 'accessories. The partnership was terminated. Thereafter, on November 24, 1947, a written contract was executed to effect a settlement of disputed accounts between them. Fincke paid Burns $1,000 pursuant to one of the provisions in this contract.

On February 2, 1948, Burns sued Fincke to recover for breach of the remaining provisions of this settlement contract and also for specific performance.…