Richard v. Mouton

Citations

• 106 La. 435

Syllabus

<p>Syllabus.</p> <p>1. In a suit for settlement of partnership affairs, the prayer of the petition should be for judgment in favor of plaintiff for whatever sum the settlement might disclose as existing in his favor, and not for a judgment for a specific sum.</p> <p>2. But where judgment for a specific sum is asked for, the suit will not be dismissed outright, if, viewing the petition as a whole, it is made out to be a demand for a partnership settlement and It is found that the prayer for the specific sum may be eliminated, leaving the legitimate matter — the suit for settlement — intact.</p> <p>3.- In the settlement of partnership affairs, where material correction, amendments, or reductions are made in the account submitted, the latter should be recast in accordance with the view of the trial judge, to the end of facilitating the understanding of the case in the appellate court. There should, at least, be a showing made of how the figures and totals and conclusions embodied in the decree were arrived at, and where this is not done, and the same is not supplied by the briefs of counsel, and not easily ascertainable from the evidence, the case will be remanded.</p>