Bird v. Wilcox

Citations

• 104 Kan. 799
• 180 P. 774
• 1919 Kan. LEXIS 364

Syllabus

<p>syllabus by the court.</p> <p>1. Partnership — Action for An Accounting — Pleadings. The petition considered, and held to state a cause of action by an excluded partner for a partnership accounting and for recovery from his associates of his share of the proceeds of the partnership business, notwithstanding omission of a formal allegation of the existence of.a partnership.</p> <p>2. Same — Agreement Not in Writing — Statute of Frauds. The partnership agreement 'was not in writing, and the partnership business consisted in procuring and then selling oil and gas leases. Held, recovery was not barred by the fourth clause of the sixth section of the statute of frauds.</p> <p>3. Trial — No Error in Proceedings. The proceedings considered, and held to be free from error prejudicial to the defendants.</p>