Walter L. Hoeth v. B. A. Stone

Hoeth and Stone entered into an agreement whereby Stone was to obtain certain land in Alaska to mine and Hoeth would place thereon certain personal property; principally machinery to mine the property.

According to appellant’s brief:

Paragraph 10 of the agreement was peculiar to a partnership agreement. It provided that the assets contributed would remain the property of the contributing partner until the venture proved profitable, and the agreement extended. It never was, for the two parties disagreed on the job, principally about the hiring of additional help. Exactly what was said and done, or not done, by each, was in dispute.

Appellant sued for His expenditures, loss of earnings, and on the $500 note given by appellee to him. Appellee admitted the partnership, and the execution of the note; but urged that an accounting would prove that he owed appellant nothing. Appellee also denied there had ever been a demand on the note.

At the trial the court suggested an accounting reference. Consent to such an order was signed by both parties and their counsel. When the reference was made, it ordered the referee “to try the whole issues involved in the (above) ease.” This the…