Fleming v. Kirkpatrick

This is an appeal from a judgment based on a jury verdict rendered against the defendants in an action for an accounting and breach of contract. We affirm.

On April 16, 1968, Howard Kirkpatrick entered into a contract with the appellants, Joe Fleming and Lily Flagg Builders Supply, Inc. (hereinafter Lily Flagg). The contract provided, in essence, that Howard Kirkpatrick would exchange certain stock certificates representing his 48% interest in Lily Flagg for 48% of the assets of Lily Flagg. The major portion of the assets was represented by Lily Flagg's accounts receivable, and the contract…