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PENROD v. SMITH

Term No. 55-O-2.

9 Ill. App.2d 257 (1956)

132 N.E.2d 675

Earl Penrod, Plaintiff-Appellee, v. W.A. Smith, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Rehearing denied February 28, 1956.

Released for publication March 26, 1956.

Attorney(s) appearing for the Case

August L. Fowler, of Marion, and Chas. J. Huffman, of Vienna, for defendant-appellant.

R.W. Harris, and David A. Warford, both of Marion, for plaintiff-appellee.

PRESIDING JUSTICE BARDENS delivered the opinion of the court.

Plaintiff filed a chancery action in the Circuit Court of Johnson County for dissolution of an alleged partnership with defendant and for an accounting as to the partnership losses. A jury found in an advisory verdict that a partnership did exist and awarded damages to plaintiff for defendant's share of partnership losses. The decree adopted the jury's findings. Defendant

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