Forsyth v. Smith

This case is presented on appeal from the district court of Oklahoma county. It was instituted in that court on February 19, 1943, by Peyton W. Smith, as plaintiff, ■ against George Forsyth, individually and as liquidating trustee of the partnership of Layton & Forsyth.

Plaintiff in his petition alleged that he is an engineer and architect and that Layton & Forsyth was a partnership consisting of S. A. Layton and George Forsyth. That said S. A. Lay-ton died on February 6, 1943, and George Forsyth became the liquidating trustee of the partnership.

Plaintiff asserted that on September 12, 1939,…