Sagittarius, Inc. v. Vil. of Arlington Heights

Plaintiff John Peterson brought the instant action against defendant Douglas Prince for an accounting between the two based upon the existence of an alleged partnership. The partnership allegedly entered into by them involved the raising of cattle. Defendant Prince admitted a partnership with respect to one herd of cattle, that existing at the time the parties formed the partnership in 1975. However, Prince denied that a second herd of cattle, the Pinzgauer cattle, were owned in partnership with Peterson. The Pinzgauer herd was purchased in the late spring of 1976. The trial court heard the evidence, much of which was contradictory, and found that a partnership existed with respect to both herds of cattle. After so concluding, by order of March 31, 1980, the court gave each party 90 days in which to submit a written accounting for the partnership, and an additional 90 days in which to file objections and respond to the other partys accounting. On July 1, 1980, Peterson submitted his written accounting with supporting documentation. The defense submitted nothing, neither accounting nor objections. Then, on October 7, 1980, a hearing was set on the accounting question, the hearing Page 222 to be held on December 29, 1980. Notice was given to both parties. Defendant submitted nothing prior to the hearing.