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SIMRALL v. MORROW

No. 23681.

362 S.W.2d 765 (1962)

James S. SIMRALL, Respondent, v. James J. MORROW, Jr., Appellant.

Kansas City Court of Appeals. Missouri.

December 3, 1962.

Attorney(s) appearing for the Case

Glennon E. McFarland, Wm. M. Austin, James, McFarland & Trimble, No. Kansas City, for appellant.

James S. Simrall, Liberty, for respondent.

PER CURIAM.

Plaintiff brought this action to recover an attorney's fee from defendant, James J. Morrow, Jr., on an account stated theory. The petition filed by plaintiff reads as follows:

"Now comes the plaintiff for his cause of action and states to the court: "1. That on or about the first of March, 1957, defendant employed the plaintiff to institute suit on behalf of said defendant for partition of certain property located in Clay County, Missouri...

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