Mackie v. Mott
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. John M. Wood, Judge. (1) The relation of partnership does not exist between persons associated in a" common undertaking unless each one has the right to manage the whole business, and to dispose of the entire property involved in the enterprise for its purposes, in the same manner and with the same power as all can when acting together.
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Appeal from St. Louis City Circuit Court. — Hon. John M. Wood, Judge. (1) The relation of partnership does not exist between persons associated in a" common undertaking unless each one has the right to manage the whole business, and to dispose of the entire property involved in the enterprise for its purposes, in the same manner and with the same power as all can when acting together. Donnell v. Harshe, 67 Mo. 170; Musscr v. Brink, 68 Mo. 242; Ashby v. Shaw, 82 Mo. 76; McDonald v. Matney, 82 Mo. 358; Thompson v. Holden, 117 Mo. 118; Campbell v. Dent, 54 Mo. 325; Gill v. Ferris, 82 Mo. 156;…
1Opinion of the CourtBtjbgess, J.
This is a suit by plaintiff who alleges in his petition that he was a partner with defendants under a verbal agreement, by the terms of which he was to superintend the completion of four partly constructed houses belonging to defendants, which upon' their completion were to be sold, and the net proceeds or profits divided equally between the three; for a dissolution of the partnership, an accounting, a sale of the property, and a distribution of the profits if any. '
Defendants deny the partnership and allege that plaintiff did the work on the houses as contractor with them.
The evidence…
2Cases cited1 opinion
- McDonald v. MatneySupreme Court of Missouri · 1884
3Cited by10 opinions
- Schneider v. SchneiderSupreme Court of Missouri · 1941
- Moorshead v. United Railways Co.Supreme Court of Missouri · 1907
- Hughes v. EwingSupreme Court of Missouri · 1901
- Moorshead v. United Railways Co.Missouri Court of Appeals · 1906
- Chapin v. CherrySupreme Court of Missouri · 1912
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