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McKay v. Ellis

Appellate Court of Illinois, First District
Apr 4, 1949
337 Ill. App. 288 (Ill. App. Ct. 1949)

Opinion

Gen. No. 44,615. (Abstract of Decision.)

Opinion filed April 4, 1949 Released for publication May 17, 1949

PARTNERSHIP, § 157sufficiency of allegations of partnership in action for dissolution thereof, etc. In action for dissolution of an alleged partnership and an accounting as to its assets and income, amended complaint alleging joint ownership with defendant of chattels and fixtures in a tavern, an oral agreement whereby plaintiff and defendant were to share equally in profits and losses of tavern business, temporary suspension of business until an assignment of lease to partnership could be obtained, secret acquisition of such lease by defendant, and operation of the business at a profit by defendant sufficiently alleged a "partnership"; hence order sustaining motion to strike amended complaint and dismissing action was unauthorized.

See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Circuit Court of Cook County; the Hon. JOHN PRYSTALSKI, Judge, presiding.

Reversed and remanded for further proceedings. Heard in the first division, first district, this court at the October term, 1948.

Morris A. Haft, for appellant;

Harry B. Aron, of counsel;

No appearance for appellees.


Not to be published in full. Opinion filed April 4, 1949; released for publication May 17, 1949.


Summaries of

McKay v. Ellis

Appellate Court of Illinois, First District
Apr 4, 1949
337 Ill. App. 288 (Ill. App. Ct. 1949)
Case details for

McKay v. Ellis

Case Details

Full title:Roosevelt McKay, Appellant, v. Jack Ellis and Anna Ellis, also known as…

Court:Appellate Court of Illinois, First District

Date published: Apr 4, 1949

Citations

337 Ill. App. 288 (Ill. App. Ct. 1949)
86 N.E.2d 290