Ocheltree

In October 1958, Ocheltree sued Louis Ozsgyanyi for dissolution of a partnership between him and Louis, accounting and receivership. Louis in his verified answer denied the existence of the partnership, claiming sole ownership. On pretrial the court appointed Travis White, a certified public accountant, to make a complete audit. Three days after the audit was filed, Louis’ counsel filed a complaint in intervention on behalf of Louis’ brother, Ernest, against Ocheltree and Louis, alleging two partnerships—one, composed of Ocheltree, Louis and Ernest, known as the Fleet Locker Club, the other composed of Louis and Ernest, known *345 as the “Trade Winds Tahiti”; and praying for a declaration of partnership, and in the alternative, for an award of the reasonable value of his services as an employee. Louis answered admitting the two partnerships alleged by Ernest. Oeheltree answered denying any partnership interest of Ernest and alleging that he (Oeheltree) and Louis were sole partners, and that Ernest was only an employee. Heard without a jury, the trial court found that there existed only one partnership, consisting of Oeheltree and Louis, and that Ernest was solely an employee;…