COOPER v. GERNER

No. 33463.

203 Okla. 18 (1949)

217 P.2d 823

COOPER v. GERNER.

Supreme Court of Oklahoma.

Rehearing Denied April 18, 1950.

Second Petition for Rehearing Denied May 2, 1950.


Attorney(s) appearing for the Case

John M. Lawrence, M.W. Cooper, and Cargill, Eagleton & Cargill, all of Oklahoma City, for plaintiff in error.

Keaton, Wells, Johnston & Lytle, of Oklahoma City, for defendant in error.


HALLEY, J.

This is an action by Merlin V. Cooper against Theodore C. (also known as Ted) Gerner, to establish a partnership, for an accounting and dissolution of partnership. At the conclusion of plaintiff's evidence, the defendant demurred, and later moved for judgment on plaintiff's evidence. This is an action of equitable cognizance. Templeman v. Walker, 175 Okla. 366, 52 P.2d 737.

Under the ruling of this court in Connolly v. Gaffaney et al., 159 Okla...

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