Washington Supreme Court March 20, 1933, No. 24307. En Banc. (Peabody v. Pioneer Sand & Gravel Co.)

Millard, J.

Plaintiff prosecutes this appeal from decree of dismissal of his action for an accounting and to recover one-third of the profits and one-third of the value of defendant’s Tru-Mix concrete business.

This cause was once before in this court.

Peabody v. Pioneer Sand & Gravel Co.,

164 Wash. 26, 2 P. (2d) 714.