Harris v. Tipton

The plaintiff: recovered from the defendant, who had formerly been his partner, one-half of an amount which the defendant had recovered from the state of Oklahoma, after the dissolution of their partnership, for damages to the former partnership property. The defendant appeals. The plaintiff died and the action was revived in the name of Gladys Tipton, his administratrix. We shall use the term “plaintiff” interchangeably, referring either to the original plaintiff or his administra-trix.

Stated generally, the facts are these: Plaintiff and defendant were equal partners in the lumber business…