The Savannah morning news., 1904-05-22
SAYS PARTNERS
WILL NOT SETTLE.
COURT ASKED TO END FUSS.
BY ORDERING ACCOUNTING AND
AWARDING THE BALANCE DUE.


and j. II. Rainwater by r.. C.
Rehm Claims He Owns One
Fourth Interest in "West BrOad
street SaIOOn"-AIIeges He Was
FOrcibIy Elected From Premises.
Partners, He Contends, Intend
selling the business.
Claiming that he was a member of
the firm doing business as the West
Broad Street Saloon R. C. Rehm yes
terday took out an injunction in the
Superior Court to restrain the other
partners from selling the business and
pocketing the proceeds.
The temporary injunction was grant
ed by Judge Cam, and the defendants
ordered to appear in court on May %
and show cause why the Injunction
should not be made permanent and
why an accounting should not be or
dered.
The suit is brought against G.. A
Spinks and j. H. Rainwater by r. c.
Rehm, and in his petition the plaintiff
claims he has been deprived of his
rights i'll the business. According to
his statement, in December, 1903, a CO.
partnership was entered into between
him and the two defendants, by which
he was TO receive Is per cent. of the
profits and hold a one-fourth interest
in the business.
1t was further agreed, it is claimed,
that neither partner should sell out his
interest without consulting the others.
In case bid for his interest was
made by an outside party, the partners
were to be given the first chance to
buy in the interest themselves. One
week was to be allowed them to make
up their minds on the question of buy
ing.
Deprived of His Rights.
On May 10 Rehm claims the defend
ants did, by force of arms" drive
him from the premises and their place
of business. Since that time they have
refused to make any accounting to
him, or to permit him to have any
voice in the management of the bust
ness, he contends. No notice of dis
solution of partnership was given him,
lAC ItoliIllSI IAOI nave lIlGy DlduG any
offer for his share in the business.
He charges that during the months
of January, February, March and
April the sum of $2,206.60 was received
by the firm. Allowing Sc per day for
expenses, this would leave an estimat-
ed balance of $1,6S2.6O. OF this sum
the petitioner claims rs per cent. as
his share under the terms of the
agreement. Even more is due him, he
in during this month, but he has no
access to the books and hence can
make no estimate.
Furthermore, he alleges the defend
ants are about to dispose of the bust
ness, stock, fixtures, ETC., and to con-
vert the sum received to their own
use. 1t is recited that because they
have threatened to leave the city the
petitioner prays the court that steps
proper remedy through the courts of
equity.
Asks Court to Adjust Troubles.
The petition then asks that in view
of all these facts full account of all
business be taken, under the direction
of the court, and an accounting be-
tween the petitioner and the defend
ants ordered. The balance found due
him he then asks the court to order
paid, he agreeing to pay any balance
which may be found due the partners.
He then prays that the defendants
be restrained from selling the business.
or in any way disposing of the stock
of goods, or any of its assets. The pc
ton closes by asking that a receiver be
appointed to take possession of all the
property of the partnership, and to
hold or dispose of the same under the
order of the court.
When the temporary injunction was
granted the sheriff was made receiver
to act in the premises until the mat
ter is adJudicated.