Cleveland v. Anderson

Opinion by

Will-son, J.

§ 146. Partners; who are inter se; construction of contract. In construing a contract to determine whether or not it constitutes the parties thereto partners, the whole contract must be construed together, and the intention -of the parties- thereto must prevail. If it is apparent, from the instrument, that the parties themselves did not intend to become partners, then they are not partners. As between the parties to the contract, a partnership in fact can only exist where there is a voluntary agreement made for that purpose. There must be an actual intention to be…