Hal Fulenwider, Jr., and Marion Fulenwider, Individually and as Co-Partners D/B/A Easy Glitter Wax Co. v. Elmer Wheeler

I am unable to agree with the majority opinion in its holding that Barge, the disgruntled former employee of appellants, could testify over the repeated objection of appellants to a conversation had between Barge, Koonce and Atwood in a hotel room some days after the letter the majority opinion describes as containing fantastic demands had been written. The situation is not changed by the majority description of Koonce as sales manager and one who was acquiring a working interest in the appellants’ business by leaving his earnings in the business instead of drawing them out. The appellants,…