Brown's ex'or v. Higginbotham & Co.
Supreme Court of Virginia
Higginbotham f Co. exhibited a bill against Robertson, executor of J Brown, and C. Powell, in the superiour court of chancery of Lynchburg, alleging, that Brown, in his lifetime, and Powell leased a farm of Sophia Crawford for a term of years, and cultivated the same in partnership, and divided the profits: that Powell, at the same time, was the agent and manager for the plaintiffs in mercantile business carried on by them in the neighbourhood of the farm : that during the…
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Higginbotham f Co. exhibited a bill against Robertson, executor of J Brown, and C. Powell, in the superiour court of chancery of Lynchburg, alleging, that Brown, in his lifetime, and Powell leased a farm of Sophia Crawford for a term of years, and cultivated the same in partnership, and divided the profits: that Powell, at the same time, was the agent and manager for the plaintiffs in mercantile business carried on by them in the neighbourhood of the farm : that during the time of Broion Sp Powell’s partnership in the farm, they contracted a debt of 3Í6 dollars to the plaintiffs, for goods…
1Opinion of the Court
Tucker, P.
The only question of any difficulty in this case, I think, is as to the existence of the partnership; and I am of opinion, that the evidence sufficiently establishes it. Partnership is “a contract between two or more persons for joining together their money, goods, labour and skill, or either or all of them, upon an agreement to divide the gain or loss proportionably between them.” Wats. on Partn. 1. It is not confined to mercantile speculations or adventures, but may exist between mechanics, attorneys, carriers or farmers. Coope v. Eyre, 1 H. Black. 37. Its existence is established…
2Cited by9 opinions
- Mares v. MaresMontana Supreme Court · 1921
- Roberts v. NunnCourt of Appeals of Texas · 1914
- Durant v. . PiersonNew York Court of Appeals · 1891
- Bradley v. ElyIndiana Court of Appeals · 1900
- Carrey v. HaunOregon Supreme Court · 1924
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