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SMITH v. GITHENS

No. 7251.

271 S.W.2d 374 (1954)

R. P. SMITH and W. Dwight Little, copartners, d/b/a Cape Asphalt Paving Company, Appellant, v. J. W. GITHENS, d/b/a J. W. Githens Company, Respondent.

Springfield Court of Appeals. Missouri.

September 13, 1954.

Attorney(s) appearing for the Case

R. P. Smith, Cape Girardeau, for appellant.

Wangelin & Friedewald, Poplar Bluff, for respondent.

McDOWELL, Presiding Judge.

This appeal is by R. P. Smith, one of the plaintiffs, from a judgment of the Circuit Court of Butler County, Missouri, in an action on written contract to recover $4,656.90, the alleged balance due on 1,289.91 tons of asphalt concrete.

The petition is in two counts. The first count alleges that plaintiffs, R. P. Smith and W. Dwight Little, were partners in the operation of Cape Asphalt Paving Company, of which R. P. Smith was sole...

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