Allgood v. Feckoury

1. “A joint interest in the partnership property, or joint interest in the profits and losses of the business, constitutes a partnership as to third persons. A common interest in profits alone does not.” Civil Code (1910), § 3158. As between the parties themselves, “a partnership may be created either by written or parol contract, or it may arise from a joint ownership, use, and enjoyment of the profits of undivided property, real or personal.” Civil Code (1910), § 3155. As between themselves, “the intent of the parties is the true test of a partnership, which may be created by a contract…