H. H. Worden Co. v. Beals

RAND, J. —

When the question of the existence of a partnership is in issue, the burden of establishing the partnership rests upon the party alleging it. Plaintiff, upon whom rested the burden of proving the partnership, contends that this contract should be construed in the light of the surrounding circumstances and that if so construed, a partnership will be inferred, but since no fact or circumstance, except the terms of the contract themselves were either alleged or proven, there can be no basis for the application of the principle which plaintiff seeks to invoke, and hence in the purchase…