North v. Hawkinson

BOHLING, Commissioner.

Harry J. North filed an action against Esther C. Hawkinson, executrix of the estate of Axel Hawkinson, deceased, in the Circuit Court of Jackson County based on an alleged oral partnership agreement between plaintiff and Hawkinson. The case is pending on resubmission. Defendant’s motion to dismiss plaintiff’s petition was sustained on the stated grounds plaintiff failed to state a claim upon which relief could be granted; laches; and, if a claim be stated, it was barred by sections 473.360 and 473.-367 of the new Probate Code (Laws 1955, pp. 385 et seq., §§ 139 and 141).…