White v. Toles
Supreme Court of Alabama
Writ of error to the County Court of Greene. The defendants in error declared against the plaintiff for work and labor done, goods, wares, &c. sold and delivered, and upon an account stated. The cause was tried upon the pleas of non-assumpsit, payment and setoff; the jury returned a verdict for the plaintiff below, and judgment was rendered accordingly. On the trial the defendant excepted to certain decisions of the Court.
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Writ of error to the County Court of Greene. The defendants in error declared against the plaintiff for work and labor done, goods, wares, &c. sold and delivered, and upon an account stated. The cause was tried upon the pleas of non-assumpsit, payment and setoff; the jury returned a verdict for the plaintiff below, and judgment was rendered accordingly. On the trial the defendant excepted to certain decisions of the Court. From the bill of exceptions, it appears that the plaintiff, Toles, contracted with the defendant to put tin gutters to his house, the latter undertaking “to pay for the…
1Opinion of the CourtCollier, C. J.
— Partnership is defined to be a voluntary contract, between two or more persons, for joining together their money, goods, labor, and skill, or either, or all of them, upon an agreement, that the gain or loss, shall be divided pro-portionably between them. [Wat. on Part. 1; Story on Part. 2; Collyer on Part. 2.] This definition very clearly indicates, that partnerships are not restricted to a business in which parties unite their money or property, but they may also embrace a union of labor, or skill. It may then be conceded, that all the incidents of a partnership so far as appropriate,…
2Cases cited4 opinions
- J. D. Evernghim v. R. & A. EnsworthNew York Supreme Court · 1831
- Laverty v. BurrNew York Supreme Court · 1828
- Gram v. CadwellNew York Supreme Court · 1826
- Bank of Rochester v. BowenNew York Supreme Court · 1831
3Cited by7 opinions
- Cannon v. LindseySupreme Court of Alabama · 1887
- Burwell & Clarke v. SpringfieldSupreme Court of Alabama · 1849
- Cunningham v. StaplesSupreme Court of Alabama · 1927
- Eady v. Newton Coal & Lumber Co.Supreme Court of Georgia · 1905
- Howze v. PattersonSupreme Court of Alabama · 1875
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