Woodson v. Bumpers

1. The case is not that of liability for holding oneself out as a partner (Eggleston v. Wilson, 211 Ala. 140, 100 So. 89), but that of sale vel non to individuals as partners, or severally as individuals. There were adverse, reasonable inferences that may be drawn from the evidence, and the issue of fact was for the jury. McMillan v. Aiken, 205 Ala. 35, 40, 88 So. 135. There was no error in refusing plaintiff’s charges 1 and 3.

2. The statute, section 9372 of the Code merely states a rule of evidence. An agreement to divide profits alone is not sufficient to create a partnership inter sese;…