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ELLIOTT v. MARSHALL

No. 35979.

267 P.2d 599 (1954)

ELLIOTT v. MARSHALL.

Supreme Court of Oklahoma.

March 2, 1954.

Attorney(s) appearing for the Case

R.M. Mountcastle, Muskogee, for plaintiff in error.

Joe H. Kennedy, Muskogee, for defendant in error.

ARNOLD, Justice.

Clifford C. Elliott filed suit in the District Court of Muskogee County against Ben Marshall to recover on a promissory note executed by him in the sum of $3,112 dated January 3, 1948.

Defendant filed his verified answer consisting of a general denial, and further alleging:

"That the plaintiff and defendant were partners in a used car business during the years 1946, 1947 and 1948, and that they thereby agreed to share the profits...

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