Smith v. Githens

McDOWELL, Presiding Judge.

This appeal is by R. P. Smith, one of the plaintiffs, from a judgment of the Circuit Court of Butler County, Missouri, in an action on written contract to recover $4,-656.90, the alleged balance due on 1,289.91 tons of asphalt concrete.

The petition is in two counts. The first count alleges that plaintiffs, R. P. Smith and W. Dwight Little, were partners in the operation of Cape Asphalt Paving Company, of which R. P. Smith was sole owner.

That defendant, J. W. Githens was engaged in the general contracting business under the firm name of J. W. Githens Company.

That on…