KELKER v. PAYTON

No. 5-1164.

298 S.W.2d 704 (1957)

Andy J. KELKER and Loretta Kelker, Appellants, v. W. W. PAYTON and Kelker-Payton Construction Co, Inc., Appellees.

Supreme Court of Arkansas.

February 18, 1957.


Attorney(s) appearing for the Case

Paul E. Gutensohn, Ft. Smith, for appellants.

Hardin, Barton, Hardin & Garner, Ft. Smith, for appellees.


HARRIS, Chief Justice.

Appellant, Andy J. Kelker, and appellee, w. w. Payton entered into a partnership in January, 1952 for the purpose of constructing homes in the city of Fort Smith, Arkansas. In February, 1953, the Kelker-Payton Construction Company, Inc., was organized as a corporation, doing the same type of construction work, and still in existence at the time of this litigation, though it had ceased actual construction operations, and had only potential assets...

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