MYERS, Associate Judge.
In July of 1963 the parties to this appeal entered into a partnership agreement under which appellee, for an investment of $10,000, was to acquire a 40% interest in a cocktail lounge then being operated by appellant. This agreement contemplated the formation of a corporation. A Certificate of Incorporation was issued August 23, 1963, but, other than making a deposit of funds in a bank account, which was accepted by the bank on a temporary basis...
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