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WILLIS v. ROSE

No. 85-175.

388 N.W.2d 101 (1986)

223 Neb. 49

Lee WILLIS, Appellee, v. Jessie ROSE, Personal Representative of the Estate of Garnet Rose, Deceased, Appellant, Gerald D. Rose, Intervenor-Appellee.

Supreme Court of Nebraska.

June 6, 1986.

Attorney(s) appearing for the Case

David W. Jorgensen and Raymond A. Hervert of Nye, Hervert, Jorgensen & Watson, P.C., Kearney, for appellant.

Graten D. Beavers and Dirk V. Block of Knapp, Mues, Beavers & Luther, Kearney, for appellee.

William J. Ross of Ross, Schroeder & Fritzler, Kearney, for intervenor-appellee.

KRIVOSHA, C.J., and BOSLAUGH, WHITE, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ.

KRIVOSHA, Chief Justice.

The instant case began as an action for an accounting in the district court for Kearney County, Nebraska. The suit was filed by the appellee, Lee Willis, against Garnet Rose. At the time the suit was commenced, Rose was the managing partner of a farming partnership which had been created in 1947 under the "terms" of an oral agreement. The partnership consisted of Rose, Willis, and a Gerald D. Rose, who is also known as Dale Rose. In February...

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