Smither v. Betts

CLAY, Commissioner.

This appeal is from a judgment of accounting between Earl Parks and W. D. Betts.

Betts and one' Smither were partners in an undertaking business. They bought a funeral home, which was conveyed to Smither. In 1944 they entered into a written ágreement which provided that on the payment of a certain sum by Betts and the assumption of half the outstanding mortgage on the property, Betts would be entitled to a one-half interest therein. Subsequently in 1945 Smither entered into a contract to sell the property to Parks. The latter did not at that time know of the agreement just…