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WHEELER v. BENSON-TAYLOR, INC.

No. 40453.

394 P.2d 523 (1964)

R.O. WHEELER, d/b/a R.O. Wheeler Construction Company, Plaintiff in Error, v. BENSON-TAYLOR, INC., a Corporation, Defendant in Error.

Supreme Court of Oklahoma.

July 21, 1964.

Attorney(s) appearing for the Case

Wheeler & Wheeler, Tulsa, for plaintiff in error.

Sam P. Daniel, Jr., Lupardus, Holliman & Huffman, Tulsa, for defendant in error.

WILLIAMS, Justice.

The action from which this appeal arises was initiated by Benson-Taylor, Inc., a corporation, defendant in error and cross-petitioner, hereinafter referred to as Benson-Taylor, against plaintiff in error, R.O. Wheeler, d/b/a R.O. Wheeler Construction Company, hereinafter referred to as Wheeler, for an accounting.

In its petition Benson-Taylor alleged that on or about May 18, 1960, it entered into...

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