UTTER v. IRVIN

HUTCHESON, Circuit Judge.

Submitted on an agreed statement of facts, this is another of those difficult cases in which the question to be determined is whether, though the parties to an agreement did not so intend, the terms of the agreement did not make them partners. It arises on the voluntary petition of two of the parties to the agreement admitting their bankruptcy and seeking to have themselves and the other parties to the agreement adjudicated a bankrupt partnership. The referee thought the agreement constituted a partnership, and, in an opinion set out in the record, gave his reasons…