SMITHER v. BETTS


264 S.W.2d 255 (1954)

SMITHER et al. v. BETTS et al.

Court of Appeals of Kentucky.

January 29, 1954.


Attorney(s) appearing for the Case

John S. Deering, Nicholasville, Robert Odear, Lexington, for appellants.

Watts & Moynahan, Robert L. Bronaugh, Nicholasville, for appellees.


CLAY, Commissioner.

This appeal is from a judgment of accounting between Earl Parks and W.D. Betts.

Betts and one Smither were partners in an undertaking business. They bought a funeral home, which was conveyed to Smither. In 1944 they entered into a written agreement which provided that on the payment of a certain sum by Betts and the assumption of half the outstanding mortgage on the property, Betts would be entitled to a one-half interest therein. Subsequently...

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