SMITH v. WELKER


272 S.W.2d 653 (1954)

Dr. D. V. SMITH, Appellant, v. Dr. George WELKER, Jr., Appellee.

Court of Appeals of Kentucky.

Rehearing Denied December 10, 1954.


Attorney(s) appearing for the Case

Harris, Drury & Wathen, Morganfield, L. Allen Rhoads, Henderson, for appellant.

J. D. Ruark, Faust Y. Simpson, Morganfield, for appellee.


COMBS, Justice.

The parties to this action are practicing physicians in the town of Morganfield. On January 1, 1949 they executed a partnership agreement by which they agreed to practice as partners under the name of Smith Clinic.

This action was filed by Dr. Welker. He stated in his petition that Dr. Smith had been physically disabled within the meaning of a provision of the partnership agreement, and asked that the partnership be dissolved. Dr. Smith denied...

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