EATHER, Chief Justice.
This is an appeal from summary judgment entered in favor of respondent, as defendant below. The action is one for an accounting brought by appellant pursuant to terms of the following agreement:
"THIS AGREEMENT made and entered into as of the 1st day of April, 1946, by and between GEORGE W. FRISBY and DAVE ANDERSON, co-partners doing business under the name of `Club Kit Carson', Parties of the First Part, and HARVEY...
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