Escoe v. Johnson

Felton, Chief Judge.

“The line of demarcation between an employment and a partnership, where one of the parties contributes services rather than capital, and is merely to receive a share in the profits, is close and often depends on differences in the particular facts, rather than rules of law.” McMillan v. Gilmour, 49 Ga. App. 400, 401 (175 SE 672) and cit.

The following evidence was adduced at the trial: The defendants j ointly leased the land on which the store was situated from Mrs. Frances Crymes for a consideration of 4% of the gross receipts of the business, as appeared from a copy of…