DAWKINS, District Judge.
Plaintiff alleges that on December 2, 1930, he became a partner "in commendam" with W. T. Drew, in the business of road contracting, by a contract in writing, recorded in the clerk's office of Webster parish; and that the business was operated by Drew for several months, "who changed the name recently to Hunter & Drew." He further alleges as follows:
"4. That your petitioner, in addition to the amount expended by him in purchasing...
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