Shackelford v. Williams
Supreme Court of Alabama
Appeal from. Birmingham City Court. Heard before Hon. H. A. Sharpe. Assumpsit by Albert Williams against W. C. Shackelford. Judgment for plaintiff and defendant appeals. A partnership cannot exist between partners unless such is their intention. — Gulf G. S. Go. v. Boyles, 129 Ala. 196. Hence, the court could not find that the evidence establishes a partnership inter se as between Treat and Shackelford.
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Appeal from. Birmingham City Court. Heard before Hon. H. A. Sharpe. Assumpsit by Albert Williams against W. C. Shackelford. Judgment for plaintiff and defendant appeals. A partnership cannot exist between partners unless such is their intention. — Gulf G. S. Go. v. Boyles, 129 Ala. 196. Hence, the court could not find that the evidence establishes a partnership inter se as between Treat and Shackelford. It is, therefore, respectfully insisted that Shackelford was not liable as a partner under the evidence by virtue of any dealing or agreement between Treat and himself, nor was he liable by…
1Opinion of the CourtMayfield, J.
The only question presented for decision or discussed in brief on this appeal is whether or not appellant is liable as a partner of one B. A. Treat, a third party to the suit. Neither Treat nor the alleged partnership, the Treat Coal Company, is sued.
This case was tried by the court without a jury, and resulted in a judgment for plaintiff (appellee here) in the sum of $2,144.50.
The sole assignment of error is the rendition of this judgment.
The undisputed facts were that plaintiff was a merchant, doing business at or near Harriman, Tenn.; that there had been undertaken certain prospect work…
2Cases cited4 opinions
- Irwin v. WilliarSupreme Court of the United States · 1884
- Winship v. the Bank of the United StatesSupreme Court of the United States · 1831
- Smith v. CollinsMassachusetts Supreme Judicial Court · 1874
- Waring & Son v. Grady'sSupreme Court of Alabama · 1873
3Cited by6 opinions
- Chowning v. GrahamSupreme Court of Oklahoma · 1918
- Donald v. ReynoldsSupreme Court of Alabama · 1934
- Horton v. ColbronWyoming Supreme Court · 1944
- Paterson v. Mobile Steel Co.Supreme Court of Alabama · 1919
- Continental Supply Co. v. AdamsCourt of Appeals of Texas · 1925
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