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MERCER v. PEOPLES FIRST NATIONAL BANK & TRUST CO.

498 S.W.2d 314 (1973)

John W. MERCER, Appellant, v. PEOPLES FIRST NATIONAL BANK & TRUST COMPANY, as Administrator with the Will Annexed of the Estate of Jess G. Mercer, Deceased, and Peoples First National Bank & Trust Company, as Administrator with the Will Annexed of the Estate of Walter E. Mercer, Deceased, Appellees.

Court of Appeals of Kentucky.

As Modified September 14, 1973.

Attorney(s) appearing for the Case

Francis T. Goheen, Goheen, Schultz & Yaffe, Paducah, for appellant.

William E. Scent, Reed, Scent & Walton, Henry O. Whitlow, Waller, Threlkeld & Whitlow, Paducah, for appellees.

GARDNER, Commissioner.

In 1944 appellant, John W. Mercer, entered into an oral contract with his brother, Walter, whereby John was to work in Walter's service station and each would receive one-half of the profits. The parties treated the arrangement as a partnership. John worked in the service station until Walter's death in 1970 but received no share of the profits. A few weeks before his death Walter made a promissory note to John for $95,000 which carried the...

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