PHELPS, Justice.
This is an appeal from a judgment in favor of appellee Spalding and against appellant Funk in the sum of $4,496.50.
The cause of action arose out of the operation of the Phoenix Softball Park. This sports enterprise was begun in 1935 or 1936 and operated as a partnership until June 1937 when the business was incorporated as Phoenix Softball Park, Inc. 35 shares of stock were issued to Spalding; 34 shares to Funk and one share to Jacob Morgan...
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