Beard v. Rowland

The judgment in this case depends upon the interpretation to be given to a written agreement. The only argument in favor of the position that the agreement created a partnership is the fact that the earnings of a certain business were to be applied to the purchase of property,- which, when ultimately acquired by two of the parties, was to be divided by them with the third. It is not true, however, that profit-sharing is the unfailing test of the existence of a. partnership relation. While it may be one of the tests, it may be controlled by other considerations. (Shepard v. Pratt, 16 Kan.…