Birkemeier v. Orino

The record discloses that from May 25, 1935, continuing into the year 1938, plaintiffs and defendant were jointly interested in securing and attempting to secure construction contracts. Two written agreements were executed by them outlining the relationship thus created in which it was stated in effect that such relationship should not be deemed a part nership, but only that of joint adventurers. It is urged by defendant that despite such statement in the agreements mentioned, the course taken by the parties discloses that a partnership was formed.

Defendant also claims that the advancement of…