Beall v. Jones

<p>Abstract of the Decision.</p> <p>1. Account, § 49* — when decree for accounting is inequitable. Decree on a bill for an accounting under a contract which allows complainant and denies defendants credit for amounts expended before the execution of the contract, held inequitable.</p> <p>2. Contracts, § 53* — when shown that signatures of additional persons to contract were necessary. On a bill for an accounting under a contract, evidence held not to support a finding that the contract was to become effective from its date but to show the intention of the parties to have been that it should not be binding until additional persons executed it and that it was not executed by such additional persons.</p> <p>3. Contracts, § 53* — when contract not binding. Where a contract is not to become binding until executed by additional persons and such persons do not execute it, the contract does not become effective.</p> <p>4. Costs, § 79* — when may be apportioned. On an appeal in a chancery proceeding the Apellate Court may apportion the costs.</p>