Zuber v. Roberts
Supreme Court of Alabama
Appeal from Calhoun Chancery Court. Heard before Hon. W. W. Whiteside. This is a bill filed .by Zuber- for the dissolution of a partnership alleged to'- exist between complainant and Roberts and for an accounting.
Read the full summary
Appeal from Calhoun Chancery Court. Heard before Hon. W. W. Whiteside. This is a bill filed .by Zuber- for the dissolution of a partnership alleged to'- exist between complainant and Roberts and for an accounting. The facts sufficiently appear in the opinion of the' .court, Whether there existed a partnership is a-^questio-n of intention • of the parties to be gathered from ijbe contract itself and the acts of the parties in carrying\out the agreement as their construction of its terms and what they understood it to mean. — A. & E. Ency. of Law (1 Ed.) 905. A business which- is really a…
1Opinion of the CourtDowdell, J.
The bill in this case is filed for the purpose of a settlement of an alleged partnership between the complainant and respondent. The respondent, by his answer, denies the allegations of the bill as to the existence of any partnership between the parties. There was no contract in writing, and there was no express agreement between the parties for the creation of a partnership; and the diet emanation of this question must be had from the terms of the agreement entered into between the parties, the character and conduct of the business, and the intention of the parties, to be gathered from the…
2Cases cited4 opinions
- Stafford v. SibleySupreme Court of Alabama · 1894
- Tayloe v. BushSupreme Court of Alabama · 1883
- Autrey v. FriezeSupreme Court of Alabama · 1877
- Howze v. PattersonSupreme Court of Alabama · 1875
3Cited by10 opinions
- Ashford v. McKeeSupreme Court of Alabama · 1913
- Bailey v. BaileyCourt of Civil Appeals of Alabama · 1977
- Tidewater Construction Co. v. Monroe CountySupreme Court of Florida · 1933
- Adams v. StateAlabama Court of Appeals · 1966
- Bains Motor Co. v. Le CroySupreme Court of Alabama · 1923
5 more not listed; retrieve them via the Exa API.