ELWESS v. ELWESS

No. 7331.

389 P.2d 7 (1964)

73 N.M. 400

Frank J. ELWESS and Frank C. Elwess, Plaintiffs-Appellees, v. Royal ELWESS, Defendant-Appellant.

Supreme Court of New Mexico.

January 27, 1964.


Attorney(s) appearing for the Case

J.H. Burttram, Santa Fe, for appellant.

Chacon & Melendez, Espanola, for appellees.


CHAVEZ, Justice.

This is an appeal from a judgment for plaintiffs, based upon a stipulation entered into by the parties.

The complaint, filed September 13, 1961, alleged that Frank J. Elwess and his minor son, Frank C. Elwess, plaintiffs-appellees, entered into an oral agreement of partnership with defendant-appellant Royal Elwess, to engage in the truck hauling business and divide the profits and losses equally between plaintiffs and defendant; that the parties...

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