Duryea v. Whitcomb
Supreme Court of Vermont
Book Account. Tlie auditor reported that on the 20th of August, 1854, the defendant, the plaintiffs and Isaac B.- Lewis, made an agreement in the city of New York, where both the plaintiffs and Lewis resided, and were engaged in the purchase and sale of potatoes, that the defendant, who resided in Wells River, in this State, should purchase potatoes during that season in Vermont and New Hampshire, taking the advice of the plaintiffs and Lewis, from time to time, in regard to…
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Book Account. Tlie auditor reported that on the 20th of August, 1854, the defendant, the plaintiffs and Isaac B.- Lewis, made an agreement in the city of New York, where both the plaintiffs and Lewis resided, and were engaged in the purchase and sale of potatoes, that the defendant, who resided in Wells River, in this State, should purchase potatoes during that season in Vermont and New Hampshire, taking the advice of the plaintiffs and Lewis, from time to time, in regard to the price, amount and market of such purchases; that the defendant was to devote his whole time to this business, and…
1Opinion of the CourtAldis, J.
As this is a case where the rights of the partners inter se merely are concerned, where no question as to third persons is involved, the criterion to determine whether the contract is one of partnership or not, must be; what did the parties intend by the contract which they made as between themselves.
If we regard the agreement itself, as set forth in the auditor’s report, it is clearly a partnership. The agreement was verbal, but by the finding of the auditor may be considered as in writing at this time. Giving to the contract, as stated in the report, the same construction that we should to…
2Cases cited9 opinions
- Loomis v. MarshallSupreme Court of Connecticut · 1837
- Ambler v. BradleySupreme Court of Vermont · 1834
- Bowman v. BaileySupreme Court of Vermont · 1838
- Kellogg v. GriswoldSupreme Court of Vermont · 1840
- John T. Griffith & Co. v. Buffum & AinsworthSupreme Court of Vermont · 1850
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3Cited by5 opinions
- Somerby v. BuntinMassachusetts Supreme Judicial Court · 1875
- Chapman v. HughesCalifornia Supreme Court · 1894
- Sheldon v. LittleSupreme Court of Vermont · 1940
- Farmers' Exchange v. BrownSupreme Court of Vermont · 1934
- In re WardDistrict Court, W.D. Tennessee · 1879