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STRUMBERG v. MERCANTILE TRUST COMPANY

No. 49138.

367 S.W.2d 535 (1963)

Edward STRUMBERG, (Plaintiff) Appellant-Respondent, v. MERCANTILE TRUST COMPANY, a Corporation, Executor of the Estate of William R. Trogdon, Deceased, and Mercantile Trust Company, a Corporation, Testamentary Trustee for Philip Dwight Trogdon, (Defendants) Respondents-Appellants.

Supreme Court of Missouri, Division No. 1.

Motion for Rehearing or to Transfer Denied May 13, 1963.

Attorney(s) appearing for the Case

Buckley & Campbell, Robert Lee Campbell, St. Louis, for plaintiff-appellant.

Thompson Mitchell Douglas & Neill, James M. Douglas, William G. Guerri, Richard P. Conerly, St. Louis, Kerth, Thies & Schreiber, Dalton W. Schreiber, Clayton, for respondents, Mercantile Trust Co., Executor of Estate of William R. Trogdon, Deceased, and Mercantitle Trust Co., Testamentary Trustee for Philip Dwight Trogdon.

Motion for Rehearing or to Transfer to Court En Banc Denied May 13, 1963.

HOLMAN, Commissioner.

Plaintiff, Edward Strumberg, and William R. Trogdon entered into a partnership agreement in January 1945 to establish and operate a business to be known as the Adept Tool and Manufacturing Company, to be located in East St. Louis, Illinois. The agreement contained a provision which reads as follows: "Each party hereto, under the terms of this agreement, shall own...

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