Barker v. SMITH AND BARKER OIL AND GAS CO.

McGRAW, Justice:

Dutch M. Barker, executrix of the estate of Creed Barker, plaintiff below, appeals from the final order of the Circuit Court of Calhoun County in a civil action instituted by the decedent against Smith and Barker Oil and Gas Company, Inc., Walter E. Smith and Edward M. Smith. The plaintiff below alleged that he was a general partner with the appellees in an oil and gas development enterprise and that the appel-lees had breached their fiduciary duty to him by diverting business opportunities for their own gain. The circuit court found that no partnership existed between the…