Russell v. Hayden
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; Hugh A. Locke, Judge. Bill by Lucy M. Hayden against Mary B. Russell and others, to wind up a partnership and for other relief. From a decree overruling demurrers to the bill respondents appeal. The bill, after stating the parties, alleges: That Mary B. Russell was appointed executrix of the estate of Ralph M. Russell, whose widow she is, and that Ralph L. Russell is the son and only heir at law of the said Ralph M. Russell.
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Appeal from Circuit Court, Jefferson County; Hugh A. Locke, Judge. Bill by Lucy M. Hayden against Mary B. Russell and others, to wind up a partnership and for other relief. From a decree overruling demurrers to the bill respondents appeal. The bill, after stating the parties, alleges: That Mary B. Russell was appointed executrix of the estate of Ralph M. Russell, whose widow she is, and that Ralph L. Russell is the son and only heir at law of the said Ralph M. Russell. That at the time of the death of said Ralph M. Russell, and prior thereto for a number of years, complainant and Ralph M.…
1Opinion of the CourtSayre, J.
[1-3] No writing, nor any particular form, is necessary to the creation of a contract of partnership. Like most other contracts, it may be implied from conduct and circumstances. Causler v. Wharton, 62 Ala. 358. But a contract, express or implied, is necessary, and the terms and conditions of the alleged partnership between appellee and appellants’ testator, whether express or implied, the respective interests of the alleged partners, should have been averred in terms or in substance in appellee’s bill for its settlement. Our decisions and the authorities generally so hold (Tutwiler v.…
2Cases cited3 opinions
- Causler v. WhartonSupreme Court of Alabama · 1878
- Little v. SnedecorSupreme Court of Alabama · 1875
- Tutwiler v. DuggerSupreme Court of Alabama · 1899
3Cited by6 opinions
- Cunningham v. StaplesSupreme Court of Alabama · 1927
- Heller v. BerlinSupreme Court of Alabama · 1923
- Young v. DeanSupreme Court of Alabama · 1950
- Williams v. WilliamsSupreme Court of Alabama · 1921
- Russell v. HaydenSupreme Court of Alabama · 1923
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