Scott v. Shewell

Citations

• 100 Kan. 466
• 164 P. 1061
• 1917 Kan. LEXIS 353

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Pleadings — Motion to Petition — Properly Overruled. Where the only purpose of a motion to make the petition more definite and certain is to require plaintiff to plead his evidence, it should be overruled.</p> <p>2. Partnership — Accounting—Pleading and Proof — No Variance. In a suit for an accounting between partners, held, there was no variance between- the petition and the evidence which changed the cause of - action to one to recover damages for defendant’s failure to carry out the terms of a settlement. •</p> <p>3. Same — Findings<—Conclusions of Law — Evidence. The findings of fact and conclusions of law are found to be sustained by sufficient evidence.</p>