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WILLIAMS v. SMITH

No. 39,694

178 Kan. 434 (1955)

289 P.2d 1059

DOROTHY WILLIAMS, Appellee, v. NEAL SMITH, Appellant.

Supreme Court of Kansas.

Opinion filed November 12, 1955.

Attorney(s) appearing for the Case

Glenn J. Shanahan, of Wichita, argued the cause, and Dale M. Bryant, Morris H. Cundiff, Garner E. Shriver, Donald E. Lambdin, and Orlin L. Wagner, all of Wichita, were with him on the brief for the appellant.

Ora D. McClellan, of Wichita, argued the cause, and Gerald L. Michaud, Harry E. Robbins, Jr., and Carol V. Creitz, all of Wichita, were with him on the brief for the appellee.

The opinion of the court was delivered by

THIELE, J.:

This was an action to dissolve a partnership and for an accounting and from a judgment rendered the defendant appeals.

The plaintiff's amended petition alleged that about the middle of May, 1951, her husband L.G. Williams entered into a partnership with the defendant for the operation of a food market; that Williams delivered to defendant the sum of $5,000 in cash and in addition

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