| Show SUES F FOil FOK I ACCOUNTING OU ll I C. C CJ It Kern s 's Says 18 hi lie lie- Il lies Has Ins Been Deprived ed etl d of or Profits lii In mm Paper Business Suit Stilt for fol accounting was flied filed fed yesterday yesterday yes yes- ter ay afternoon by C. C II n. Kern Ker agal against tt B. B A. A McMillen The rIme alleges that the time defendant proposed on Feb c 6 C. C 1005 1905 90 that the business of o C C. II It Kem Ken company compan broker cr I In mi wholesale paper and ant stationery should bo bu consolidated con con- with wih that nf of If the tile New York Yol vt Utah P Paper er com company n which the had purchased on Jan 28 28 1105 1905 At the time time or of thin tho the purchase of the he vapor paper company the al- al alleges leges time the stock was Inventoried at fl uncollected accounts about anti that It posse possessed td certain and appurtenances Including hon timid n wagons s worth about OO Mr Mc the tIme plaintiff al alleges bought hought the time business of the Now New York Utah Paper com company pan for or GC At the thc time of ot he lie proposal at f f partnership part part- Mr 11 Kem alleges proposed that hat em they Uley draw drw each e ch a month as salary Ial also aiso als all al necessary sr iary sary expenses and hat th the profits of oC the time company compan should be so divided that McMillen should receive Co GU per her cent anti and Keni K m 40 lOper per cent cent On June 1 I 1 1905 the time plaintiff al- al leges une the defendant without any nimy reason rca rca- son soil l' l refused reused to longer carry carryon crry on oil the combined ll business and refused to furnish the time plaintiff with wih salary and expenses and refused to tn further accept ac nc- ac- ac his services In the business and that thal he lie was therefore compelled to withdraw the thie business bu of or C. C R. R n Kom 10 company compan nud Jud during the time balance o of the time y year tar ar has done OI U only the H business of or that company compan and amid that hut the defendant de- de has continued d to carr carry on his lu Business under the name namo of or the U. U A. A company separate and nn apart from rum ruin his own Mr fr I Kem Iem cm alleges that he received from Torn the time combined hu business in all al for or services iGO O and ant no ItO 10 more an and also paid laid out GOO for or expenses o of which ho 10 has only received In return 85 He lie le alleges that the tue th profits profs of ot the business business busi busi- ness nes for or the year yar that Is commencIng commending commend commend- Ing ng Feb Feh C 6 1305 1915 Up to the tho last day ny of Jr January 1906 amounted to tu 1 1000 10 00 but that he has no mm way of or de- de e- e lemming the time exact amount nt although lie he le has el from flom the defendant he time right to inspect tho time books of the McMillen company compan which has been refused reused him hini al also o that Ic refus refus- fr S 1 c ed to account to him for tok- r the i profits profits' of time the although the tiff lift fl has ha bf been en to o acc account to thi ho defendant for or nil all 1 profits made during tInning the lie the sam period b by the C C. R R. R Fem Kem company compau 1 He lie alc es that thel mom e Is now due him ll from time the profits profits' of the time company also algo 1125 being his hits salary at 25 from April AvrIl 1905 up to lo and amid including th the month of r Dc- Dc c comber 1905 al also o II balance balanc duo In connection lih his services He lie le therefore asks that an accountIng accounting account account- ing lug bo bo ordered between himself himsel and auth the defendant of time the profits of the th B B. A. A McMillen lc llen company and anti the time C C. R. R Kem company for the period between Feb 6 C. C I O and amid Jan Jami I 1 1 1906 1006 that upon lon the completion of said al accounting account account- Jn ing thu iluf t be bo decreed d to It pay over ovea to lo him such sum um as a shall shah be he ascertained a as as- to be due him anti and such other otmen oth tp- tp er en relief as the thin court may decree |
