Rhees v. Coe

Citations

• 91 Kan. 493
• 138 P. 576
• 1914 Kan. LEXIS 62

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>.Accounting — Partnership—Adjustment of Item Not Pleaded — • Variance — No Prejudicial Error. In an action for an accounting between partners, the allowance of an item growing out of the partnership business which was not pleaded but of which there was undisputed evidence is not such a variance as will require the reversal of the judgment, especially when no motion to strike out or to deduct such item was presented to the trial court.</p>