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CAVINESS v. ROGERS

No. 32392.

43 Wn.2d 462 (1953)

261 P.2d 406

ALFRED B. CAVINESS, Respondent, v. FRANK ROGERS, Appellant.

The Supreme Court of Washington, Department One.

October 9, 1953.

Attorney(s) appearing for the Case

McMullen, Snider & McMullen, for appellant.

Lyle H. Truax, for respondent.

OLSON, J.

Plaintiff brought this action to recover upon an implied contract for compensation for work and labor performed by him upon a farm owned by defendant. His complaint was answered by a general denial. But, at the trial, by his outline of the issues, defendant informally asserted the formation of a partnership between the parties by oral agreement. Plaintiff denied this assertion and urged that, in any event, the alleged contract of partnership was

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