200 P. 908 | Or. | 1921
“The Court: I think there is some issue in the pleadings in regard to the relationship. You deny there was a partnership relation existing, in the pleadings; I think plaintiff is entitled to show, if she can, there was a partnership relation, on the basis of an accounting.
“Mr. McCurtain: Well, I don’t know; I don’t want to admit in terms there was a partnership relation—
“The Court: Will you admit she would be entitled to an accounting of the rents and profits? '
*409 “Mr. McCurtain: There is no dispute about that, your Honor can’t try an accounting; if they can show this sale was fraudulent, she is entitled to one fifth of the net proceeds on that, I will admit she would be entitled to one fifth of the excess in the sale price over and above the $7,500 price that we settled with her for. * *
“Mr. McCurtain: * * I want to keep the court’s mind on the issue in this case and that is if they prove this was a fake or fraudulent sale to Dr. Collins, they are entitled to a decree in accordance with the complaint.”
Aeitrmed.