Pritchard
Pritchard v. Mercantile Trust Co.
Opinion
lead Opinion
Sturtevant, J.
The trial court sustained demurrers of the defendants to the plaintiff’s fourth amended complaint and refused the plaintiff permission to further amend, and thereafter a judgment was entered in favor of the defendants. The plaintiff has appealed from the judgment.
In her complaint the plaintiff alleged that she and Fred G. King did, in the year 1892, enter into a partnership agreement. The business to be conducted by the partnership was that of dealing in mines and mining properties The plaintiff agreed to furnish moneys to the partnership from time to time, and the said Fred G. King agreed to devote his services as a mining engineer and as the business manager of the partnership business. It was further agreed that the profits of the business should be divided between the plaintiff and the said Fred G. King share and share alike. The plaintiff further alleges that she thereafter contributed $30,000 to the partnership business, and that she has been repaid $14,000 and no more. She alleges that the partnership made gross profits to the extent of $750,000, and that at the date of the death of Fred G. King the decedent left $300,000 in “tangible property of said partnership.” The…