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McINNISH v. CONTINENTAL OIL COMPANY

No. 38652.

362 P.2d 969 (1961)

Gene L. McINNISH and Evelyn M. McInnish, d/b/a Mack's Construction Company, a co-partnership, Plaintiffs in Error, v. CONTINENTAL OIL COMPANY, a corporation, Defendant in Error.

Supreme Court of Oklahoma.

June 13, 1961.

Attorney(s) appearing for the Case

John M. Lawrence, Oklahoma City, for plaintiffs in error.

Richard A. Procter, Looney, Watts, Looney & Nichols, Oklahoma City, for defendant in error.

JOHNSON, Justice.

This action was begun in the Common Pleas Court of Oklahoma County, Oklahoma, by petition filed against Gene L. McInnish and Evelyn M. McInnish, d/b/a Mack's Construction Company, a co-partnership, to recover upon an open account in the sum of $1,656.01 due plaintiff, Continental Oil Company, a corporation. The petition contained only the following allegation in regard to the partnership:

"Mack...

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