Legal Opinion

Fail v. McRee

Supreme Court of Alabama

Decided January 15, 1860PublishedCited by 16 opinions

Appeal from the Circuit Court of Wilcox. Tried before tire Hon. Nat. Cook. This actiou was brought by W. F. McKee, against the appellants, late partners doing business under the firm name of Fail k Miles; was commenced on the 18th March, 1857, and was founded on the defendants’ breach of a written contract between them and the plaintiff) in the following words: CfAgreement between W. F. McRee and Jeremiah Fail and E. J. Miles: Said McRee agrees to let said Fail & Miles have…

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Appeal from the Circuit Court of Wilcox. Tried before tire Hon. Nat. Cook. This actiou was brought by W. F. McKee, against the appellants, late partners doing business under the firm name of Fail k Miles; was commenced on the 18th March, 1857, and was founded on the defendants’ breach of a written contract between them and the plaintiff) in the following words: CfAgreement between W. F. McRee and Jeremiah Fail and E. J. Miles: Said McRee agrees to let said Fail & Miles have the saw-pine — all the pine suitable to make good lumber — on all of his land, including eighty acres lately bought by…

1Opinion of the CourtA. J. Walker, C. J.

The only objection taken in the defendants’ demurrer, which is applicable to the complaint as amended, is, that the agreement between the plaintiff and defendants created a partnership. The same question is also raised by the defendants’ second plea. Hence, the overruling of the demurrer to the complaint, *67and the sustaining of the demurrer to the 2d plea, present the single point, whether a partnership resulted from the agreement between the parties. The agreement gives to the plaintiff one-fifth of the gross proceeds of the sales of lumber, as a compensation, for the timber supplied; and,…

2Cases cited5 opinions

  1. George v. Cahawba & Marion Rail RoadSupreme Court of Alabama · 1845
  2. Davis v. AyresSupreme Court of Alabama · 1846
  3. Garnett v. YoeSupreme Court of Alabama · 1849
  4. Smith's v. GarthSupreme Court of Alabama · 1858
  5. Ramey v. HolcombeSupreme Court of Alabama · 1852

3Cited by16 opinions

  1. McFadden & Bro. v. HendersonSupreme Court of Alabama · 1900
  2. Wilkinson v. . DunbarSupreme Court of North Carolina · 1908
  3. Dickerson v. FinleySupreme Court of Alabama · 1908
  4. Nelms v. McGrawSupreme Court of Alabama · 1890
  5. Robinson v. BullockSupreme Court of Alabama · 1880

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