Legal Opinion

Brinson v. Franklin

Supreme Court of Georgia

Decided October 10, 1933No. 9677PublishedCited by 11 opinions

1Opinion of the CourtGilbert, J.

1. The validity of a parol contract is not affected by the fact that the same parties entered into a separate contemporaneous written contract, unless the former tends to contradict or vary the terms of the latter.

2. “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.” Civil Code (1910), § 3155.

3. “As among partners, the extent of the partnership is determined by the contract and their several interests. As to third persons, all are liable, not only to the extent of their interests…

2Cited by11 opinions

  1. Stonecypher v. Georgia Power Co.Supreme Court of Georgia · 1936
  2. Langenback v. MaysSupreme Court of Georgia · 1949
  3. Cottle v. TomlinsonSupreme Court of Georgia · 1941
  4. Kollen v. High Point Forest, Inc.Court of Appeals of Georgia · 1961
  5. S. & S. Builders, Inc. v. Equitable Investment Corp.Supreme Court of Georgia · 1964

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