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Stephens et al., trading as Penn Fountain, Appellants, v. Lehnert.

Partnership — Actions — Actions at law — Claim of one partner against another — Absence of accounting.

The general rule is that, in the absence of an express agreement, an action in assumpsit, as distinguished from a suit in equity, cannot be maintained in respect to partnership transactions unless there has been an accounting or settlement of the partnership affairs.

Argued January 30, 1933.

PER CURIAM, March 20, 1933:

The judgment of the court below is affirmed on the opinion of the learned President Judge.

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STEPHENS v. LEHNERT
(Mar 20, 1933)