Mulholland v. Rapp

• Decision Date: 31 March 1872
• Citation: Mulholland v. Rapp, 50 Mo. 42 (Mo. 1872)
• Parties: JAMES MULHOLLAND, Appellant, v. JULIUS RAPP, Respondent.
• Court: Missouri Supreme Court

50 Mo. 42

JAMES MULHOLLAND, Appellant,

v.JULIUS RAPP, Respondent.

Supreme Court of Missouri.

March Term, 1872.

Appeal from St. Louis Circuit Court.

Cline, Jamison & Day, for appellant.

R. E. Rombauer, for respondent.

BLISS, Judge, delivered the opinion of the court.

The petition set forth that the plaintiff received the privilege from the Pacific Railroad Company of using one of its stone quarries; that he entered into a written agreement with defendant, which he sets out, the effect of which was to lease the quarry to defendant for an indefinite period. The defendant was to work the same for his own benefit, but in consideration of the transfer he was to employ the plaintiff as foreman, and for his sole wages was to pay him one-half of the net profits of the quarry. The agreement is long, and provides among other things that defendant shall keep books so as to show the profits, and shall render monthly statements to plaintiff. The petition states that defendant took possession and worked the quarry, the plaintiff acting as foreman, and charges that he made large profits, but failed to keep correct books and make correct statements, but kept false books and refused to pay the plaintiff the share of the profits due him. The petition is long and prolix, abounding in unnecessary details and in matters wholly irrelevant, and the relief sought is equitable in its nature. The plaintiff treats the defendant as a partner, which the contract shows him not to be, and asks for an account, an injunction, the appointment of a receiver, etc. A temporary injunction was allowed, which was afterwards dissolved, and defendant demurred to the petition generally, and because of the improper union of causes of action. The demurrer was...