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BEARDEN v. SMITH

No. 36285.

274 P.2d 1015 (1954)

Frank BEARDEN, d/b/a Bearden Plumbing & Heating Company, Plaintiff in Error, v. Darwin C. SMITH and L. E. Smith, a co-partnership, d/b/a L. E. Smith Construction Company, Defendants in Error.

Supreme Court of Oklahoma.

Rehearing Denied October 12, 1954.

Attorney(s) appearing for the Case

Hickman & Hickman, Frank Hickman, Frank R. Hickman, Tulsa, for plaintiff in error.

Covington & Donovan, A.M. Covington, Tulsa, for defendant in error.

DAVISON, Justice.

This is an action whereby Frank J. Beardon, doing business as Beardon Plumbing and Heating Company, as plaintiff, seeks to recover from the defendants, Darwin C. Smith and L.E. Smith a partnership, doing business as L.E. Smith Construction Company, an alleged unpaid balance due on a contract for installation of plumbing, heating and air conditioning systems in a municipal hospital. The parties will be referred to as they appeared in the trial court...

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