WHITAKER v. STOUT

No. 34394.

91 N.W.2d 44 (1958)

166 Neb. 850

H. Dale WHITAKER, Appellant, v. Gilbert G. STOUT et al., Appellees, Marvin Olson and Florence Olson, Interveners-Appellees.

Supreme Court of Nebraska.

June 20, 1958.


Attorney(s) appearing for the Case

Dryden & Jensen, Kearney, for appellant.

Hamer, Tye & Worlock, James M. Knapp, Kearney, for Stout.

Blackledge & Sidner, Kearney, for Olson.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, CHAPPELL, WENKE, and BOSLAUGH, JJ.


SIMMONS, Chief Justice.

This is an action in equity in which plaintiff prays for a dissolution of a partnership; for an accounting; for a finding that a corporation holds the assets of the partnership in trust; for a receiver; and for damages for breach of contract. Issues were made and trial was had on the questions of whether or not a partnership was created; whether a corporation was organized; and whether the plaintiff was estopped to assert the existence of a...

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