Adelaide W. Sheldon v. C. Russell Little

The plaintiff here seeks to recover in general assumpsit for balances alleged to have been agreed between the parties on accountings between them for the years 1926, 1927, 1929, 1930 and 1931 respectively, to be due from the defendant to the plaintiff. A claim originally made for a portion of the year 1932 was later eliminated by agreement. Trial was by court, findings of fact were filed and judgment rendered for the plaintiff. Exceptions were allowed the defendant, but the only such exception which the defendant has briefed in this Court is to the overruling of his motion, seasonably made, to dismiss the action. This motion was predicated on the grounds that the parties were partners during all of the time covered by the plaintiffs claim; that there had never been an accounting between the parties of the partnership business, or a full statement of that business; that such accounting should be had, and that the plaintiffs cause of action is one of accounting and not in assumpsit. Defendant concedes that if the relationship between the parties was not that of partners there was no error in the overruling of his motion.