Hawkins v. B. & G. Construction & Ditching Co.

TIREY, Justice.

Appellant perfected this appeal by writ of error. The judgment entered was by default.

Plaintiff grounded his cause of action on an oral agreement entered into by him as a partner in the B. & G. Construction Company as one party and Cecil Hawkins, doing business as the Portland Plumbing & Electric Company as the other party. We quote verbatim the pertinent parts of plaintiff’s petition:

“That heretofore, to-wit, on or about the 15th day of July, 1954, plaintiff, B. & G. Construction & ■ Ditching Company, by and through one of its partners, J. B. Grider, entered into a verbal…