Farmers' Insurance Co. v. Ross
Ohio Supreme Court
Motion for leave to file a petition in error to reverse the-judgment of the District Court of Knox county. The action in the court of common pleas was brought by the Farmers’ Insurance Company against Ross & Lennan, as 'partners, to recover back $400, which the former had. advanced to the latter on a contract by which the latter had agreed to deliver to the former 72,000 merchantable bricks, but had failed to do so.
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Motion for leave to file a petition in error to reverse the-judgment of the District Court of Knox county. The action in the court of common pleas was brought by the Farmers’ Insurance Company against Ross & Lennan, as 'partners, to recover back $400, which the former had. advanced to the latter on a contract by which the latter had agreed to deliver to the former 72,000 merchantable bricks, but had failed to do so. Ross separately defended, on the grounds (1) that the plaintiff had made the contract with and paid the money to Lennan alone, and (2) that he (Ross) was nofa partner ■of…
1Opinion of the CourtGilmore, J.
Did the court of common pleas err in holding that, under the contract set out on the record, Ross and Lennan were partners in the manufacture of bricks ?
The contract being set out and admitted, whether there was a partnership between them or not became a question of law, which it was the duty of the court to decide. Everitt v. Chapman, 6 Conn. 347.
A partnership exists when two or more persons contribute their property or services to be employed jointly in some enterprise or business, the profit or loss of which is to be shared among them in some fixed proportion. Walker’s Am. Law, 227.
Partners…
2Cases cited2 opinions
- Everitt v. ChapmanSupreme Court of Connecticut · 1827
- Musier v. TrumpbourNew York Supreme Court · 1830
3Cited by6 opinions
- Beecher v. BushMichigan Supreme Court · 1881
- Steele v. Michigan Buggy Co.Indiana Court of Appeals · 1911
- Georgia Casualty Co. v. HoageDistrict Court, District of Columbia · 1932
- Porter v. ReidDistrict Court, D. Massachusetts · 1948
- Parchen v. AndersonMontana Supreme Court · 1885
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