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MERIWEATHER-GRAHAM-OLIVER CO. v. BANK OF COMMERCE

No. 4103.

3 F.2d 513 (1925)

MERIWEATHER-GRAHAM-OLIVER CO. v. BANK OF COMMERCE OF EARLE, ARK.

Circuit Court of Appeals, Sixth Circuit.

February 3, 1925.

Attorney(s) appearing for the Case

W. H. Harrelson, of Memphis, Tenn. (Banks & Harrelson, of Memphis, Tenn., on the brief), for appellant.

Harry Spears, of Memphis, Tenn. (A. B. Shafer, of Memphis, Tenn., and J. R. Pugh, of Earle, Ark., on the brief), for appellee.

Before DENISON, MACK, and DONAHUE, Circuit Judges.

DENISON, Circuit Judge.

Prior to March, 1920, Dean was the legal owner of a plantation in Arkansas. He and House were engaged in its operation. It is in dispute whether, in this matter, Dean and House constituted a partnership, which was practically the lessee of the plantation, or whether there was only an executory contract, by which, after the profits had paid certain debts, House should receive an interest in the property. In any event, House was the active manager...

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