Fairly v. Nash
Mississippi Supreme Court
From the circuit court of the first district of Hinds county. Hon. J. B. Chrisman, Judge. The opinion states the facts. The features of the contract indicating a partnership are as follows: 1. Sharing net profits. This is prima facie a test of a partnership. No intent to create a mere agency appears on the face of the agreement. 1 Bindley on Partnership, 34; 1 Bates on Partnership, § 15 ; Wood v. Thompson, 22 How. (TJ.
Read the full summary
From the circuit court of the first district of Hinds county. Hon. J. B. Chrisman, Judge. The opinion states the facts. The features of the contract indicating a partnership are as follows: 1. Sharing net profits. This is prima facie a test of a partnership. No intent to create a mere agency appears on the face of the agreement. 1 Bindley on Partnership, 34; 1 Bates on Partnership, § 15 ; Wood v. Thompson, 22 How. (TJ. S.), 330 ; Lynch'v. Thompson, 61 Miss., 354; Tharp v. Marsh, 40 lb., 158; 114 Mass., 114; 105 N. C., 283; 127 Pa., 442. 2. The debts were payable, not by Nash, but out of the…
1Opinion of the CourtCooper, J.
In July, 1890, D. A. Nash, the appellee, and one W. S. Skellinger entered into a written contract, the terms of which were as follows :
“ It is agreed between said pai'ties that the said N§,sh shall furnish the money to purchase the stock and fixtures of Isydore Schwartz, at No. — South State street, Jackson, Miss., and to fill out said stock, as may be necessary for the purpose of carrying on said business; that the said Skellinger shall take charge of the business, as agent and manager thereof for the said Nash, and shall devote his whole time and attention to the carrying on thereof, for…
2Cases cited3 opinions
- New York Iron Mine v. First National BankMichigan Supreme Court · 1878
- Evans v. VanbibberTennessee Supreme Court · 1850
- Tharp v. MarshMississippi Supreme Court · 1866
3Cited by7 opinions
- Pritchett v. Thomas Plater & Co.Tennessee Supreme Court · 1920
- Wade v. HornadaySupreme Court of Kansas · 1914
- Cudahy Packing Co. v. HibouMississippi Supreme Court · 1908
- Watts Mercantile Co. v. BuchananMississippi Supreme Court · 1908
- Lipscomb v. StateMississippi Supreme Court · 1927
2 more not listed; retrieve them via the Exa API.