Partnerships — Dissolution — Account stated — Subsequent agreement — Mutual mistake.
In a proceeding in equity involving the distribution of the remaining assets of a partnership in process of dissolution, in which the court below found that an account stated, upon which plaintiff relied, was superseded by a later agreement between the parties, and that the evidence was insufficient to establish that this agreement was the result of a mutual mistake of fact or law, it was Held that the final decree dismissing the complaint should be affirmed.
OPINION PER CURIAM, May 24, 1954:
The final decree entered by the learned court below is affirmed at the appellant's costs on the adjudication of President Judge BOK as modified by the opinion for the court en banc in disposing of the exceptions filed to the decree nisi.