Ryder v. Wilcox
Massachusetts Supreme Judicial Court
Contract. Writ dated July 26,1867. The declaration was as follows : “ And the plaintiff says the defendant made a contract in writing with him, a copy whereof is hereto appended and made part of this declaration, whereby the defendant agreed to enter into and carry on with the plaintiff the business of manufacturing and selling oil and candles in the manner and upon the terms set forth in said written contract; and the plaintiff avers that he has in all respects well and…
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Contract. Writ dated July 26,1867. The declaration was as follows : “ And the plaintiff says the defendant made a contract in writing with him, a copy whereof is hereto appended and made part of this declaration, whereby the defendant agreed to enter into and carry on with the plaintiff the business of manufacturing and selling oil and candles in the manner and upon the terms set forth in said written contract; and the plaintiff avers that he has in all respects well and truly performed the promises and agreements on his part to be kept and performed under said contract; but that the…
1Opinion of the CourtColt, J.
It is necessary to determine whether the contract declared on constitutes a partnership, or was only an agreement by which the plaintiff was to take a share of the net profits, not in the character of partner, but as agent, and as compensation for labor and services, or capital contributed.
Where creditors are not concerned, and the question arises between the parties only, the intention as ascertained from all the provisions of the instrument must govern. If payment for services rendered is to be made in proportion to the profits of the business, and the profits are referred to only as a…
2Cited by18 opinions
- McMurtrie v. GuilerMassachusetts Supreme Judicial Court · 1903
- Walsh v. Atlantic Research Associates, Inc.Massachusetts Supreme Judicial Court · 1947
- Zeigler v. DayMassachusetts Supreme Judicial Court · 1877
- Berwin v. CableMassachusetts Supreme Judicial Court · 1943
- Alderman v. NobleMassachusetts Supreme Judicial Court · 1936
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