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POPE v. McMILLAN ET AL.

17360

232 S.C. 100 (1957)

101 S.E.2d 55

R. H. POPE, Respondent, v. MRS. HENRIETTA McMILLAN, qualified executrix of the estate of L.M. McMillan, deceased, MRS. HENRIETTA McMILLAN and LON McMILLAN, now or formerly co-partners trading and doing business under the name of McMillan Petroleum Company, Appellants.

Supreme Court of South Carolina.

December 4, 1957.

Attorney(s) appearing for the Case

Messrs. Woods & Woods, of Marion, for Appellants.

Messrs. Hinson & Hinson, of Mullins, for Respondent.

December 4, 1957.

LEGGE, Justice.

Respondent sought in this action a declaratory judgment construing a written contract dated October 3, 1945, between L.M. McMillan, Mrs. Henrietta McMillan, and Lon McMillan, copartners under the name of McMillan Petroleum Company, as parties of the first part, and respondent as party of the second part. L.M. McMillan having died in 1951, Mrs. Henrietta McMillan, as executrix of his...

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