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Roose v. lt McKay, Appellant,

PARTNERSHIP, § 157 — sufficiency 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.

Opinion by JUSTICE NIEMEYER.

Not to be published in full.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

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McKAY v. ELLIS
(Apr 4, 1949)