Causler v. Wharton
Supreme Court of Alabama
Appeal from Etowah Chancery Court. Tried before Hon. N. S. Gíraham. The bill in this case was filed by the appellant, Thomas H. Causler, against the appellee, W. C. "Wharton, who is the administrator, and against the heirs of O. P. Hil'l, deceased. Its object is to have the affairs of a partnership, which had formerly existed between the appellant and Hill, settled and determined.
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Appeal from Etowah Chancery Court. Tried before Hon. N. S. Gíraham. The bill in this case was filed by the appellant, Thomas H. Causler, against the appellee, W. C. "Wharton, who is the administrator, and against the heirs of O. P. Hil'l, deceased. Its object is to have the affairs of a partnership, which had formerly existed between the appellant and Hill, settled and determined. The bill avers, and the proof shows, that the appellant and Hill, under the name of O. P. Hill & Co., commenced business as partners, doing a retail liquor business in 1847. The bill also avers that the partnership…
1Opinion of the CourtStone, J.
There appears to be no question that the copartnership first formed between Causler and Hill, had for its aim and scope the sale of liquors by retail. We think exhibit A to the bill shows that the partnership business was afterwards much enlarged, and that the copartners entered into a trading business, embracing lands and shares. Neither writing, nor any other particular form need be observed in the formation of a trading or laboring partnership. Mutual consent of two or more competent minds can make this, as it can make other contracts. And, like most other contracts, it may be implied from…
2Cases cited2 opinions
- Tisdale v. MaxwellSupreme Court of Alabama · 1877
- Bradford v. Spyker's Adm'rSupreme Court of Alabama · 1858
3Cited by23 opinions
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- Watson v. HamiltonSupreme Court of Alabama · 1912
- Jacksonville Public Service Corp. v. Profile Cotton MillsSupreme Court of Alabama · 1938
- McKallip v. GeeseSupreme Court of Oklahoma · 1911
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