Cunningham v. Staples

The only question presented by this appeal is upon the existence, vel non of the partnership between the parties, as charged in the bill.

While it-is true that a mere holding out by two or more persons as partners does not make them partners inter se, if they did not agree or intend to form a partnership, yet the acts, declarations, and conduct 01 business associates are competent evidence against them, and may furnish satisfactory proof, that they are partners, inter se, with another. Causler v. Wharton, 62 Ala. 358; Russell v. Hayden, 201 Ala. 517, 78 So. 871; 30 Cyc. 408.

In the instant case…