McCormick v. Stimson
Montana Supreme Court
Appeal from District Court, Missoula County; Theo. Lenz, Judge. Action by George McCormick against C. Stimson and A. L. Crawford. Judgment for plaintiff and C. Stimson appeals. An agreement to contribute labor or property in consideration of receiving a part of tbe profits of some enterprise does not create a partnership, where such profits are paid as compensation for the thing contributed. {Denny v. Cabot, 6 Met.
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Appeal from District Court, Missoula County; Theo. Lenz, Judge. Action by George McCormick against C. Stimson and A. L. Crawford. Judgment for plaintiff and C. Stimson appeals. An agreement to contribute labor or property in consideration of receiving a part of tbe profits of some enterprise does not create a partnership, where such profits are paid as compensation for the thing contributed. {Denny v. Cabot, 6 Met. (47 Mass.) 82; Nantasket Beach Steamboat Co. v. Shea, 182 Mass. 147, 65 N. E. 57; Smythe’s Estate v. Evans, 209 111. 376, 70 N. E. 906; Thornton y. McDonald, 108 Ga. 3, 33 S. E.…
1Opinion of the CourtJustice Holloway
This action was brought to recover $52.50 alleged to be due plaintiff for work done by him, $50 for pasturage furnished by H. O. Bakken, the claim for which was assigned to plaintiff, and $50 for pasturage furnished by Arthur Reilly, the claim for which was assigned to plaintiff. It is sought to fasten liability upon defendant Stimson upon the theory that he and defendant Crawford were copartners. Crawford admitted his individual liability for each of the $50 claims and for $37.50 of the labor claim. Stimson denied liability altogether, and each defendant denied that any partnership existed.…
2Cases cited3 opinions
- Beasley v. BerryMontana Supreme Court · 1906
- Flathead County State Bank v. InghamMontana Supreme Court · 1915
- Hanrahan v. FreemanMontana Supreme Court · 1907
3Cited by3 opinions
- Simons v. Northern Pacific Railway Co.Montana Supreme Court · 1933
- St. Paul Machinery Mfg. Co. v. BruceMontana Supreme Court · 1918
- Bresee v. SmithMontana Supreme Court · 1925