Wheeler v. Benson-Taylor, Inc.

WILLIAMS,' Justice.

The action from which this appeal arises was initiated by Benson-Taylor, Inc., a corporation, defendant in error and cross-petitioner, hereinafter referred to as Benson-Taylor, against plaintiff in error, R. O. Wheeler, d/b/a R. O. Wheeler Construction Company, hereinafter referred to as Wheeler, for an accounting.

In its petition Benson-Taylor alleged that on or about May 18, 1960, it entered into an oral agreement with its president, Wheeler, under the terms of which he was to construct, complete, furnish and equip a motel; that the actual cost thereof was to be paid by…