Polk v. Koerner

HAYS, Justice.

In May, 1966, Howard Polk and Ralph Koerner entered into an agreement whereby Koerner would pay all of the expenses of Polk’s dental practice except laboratory fees, and provide Polk with supplies, dental equipment, and office personnel. In consideration, Polk agreed to pay to Koerner a percentage of all amounts collected by Polk for dental services performed by him while in Koerner’s office. A written agreement to this effect was signed by the parties on December 30, 1968. On July 14, 1971, Polk and Koerner entered into a second agreement whereby the previous one was “cancelled…