TROY GRAIN & FUEL CO. v. ROLSTON

No. 21280.

227 S.W.2d 66 (1950)

TROY GRAIN & FUEL CO. v. ROLSTON et al.

Kansas City Court of Appeals. Missouri.

February 6, 1950.


Attorney(s) appearing for the Case

Robert Frost, Plattsburg, Wherritt & Sevier, Liberty, for appellant.

A. O. Delaney, Jr., Troy, Kan., Arthur R. Kincaid, Liberty, Francis G. Hale, Liberty, Robert E. Coleberd, Liberty, for respondent.


SPERRY, Commissioner.

Troy Grain & Fuel Company, a corporation, sued Miller Howard and Jackson Rolston, as partners, for the unpaid balance due for corn and oats sold and delivered. Judgment was for plaintiff and Howard alone appeals. He challenges the sufficiency of the evidence to prove the existence of a partnership, and contends that certain instructions are erroneous.

Mr. McGolliard, plaintiff's manager and owner, testified to the effect that he had...

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