ST. LOUIS UNION TRUST CO. v. WARNICK MOTOR CO.

No. 55612.

491 S.W.2d 331 (1973)

ST. LOUIS UNION TRUST COMPANY, a corporation, and Nadia Cunningham, Executors of the Estate of Victor E. Cunningham, Deceased, Appellants, v. WARNICK MOTOR COMPANY, a corporation, et al., Respondents.

Supreme Court of Missouri, Division No. 2.

February 12, 1973.


Attorney(s) appearing for the Case

Carstarphen, Harvey & Wasinger, Ely & Cary, Hannibal, for appellants.

William E. Partee, Hannibal, for respondents.


DONNELLY, Judge.

Guy E. Warnick and L. W. Noel were partners in a motor vehicle agency in Hannibal until February 26, 1947, when Noel sold his one-half interest to Warnick for $20,000. On February 20, 1947, Warnick and Victor E. Cunningham had agreed to form a partnership and to operate the agency. A portion of their written agreement is as follows:

"It is further agreed that the party of the second part [Cunningham] shall pay to the party of the first part...

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