Gladney's, Inc. v. Louisiana Magazine

LE BLANC, Judge.

In their application for rehearing, counsel for plaintiff complain that the court, in the opinion herein handed down, neglected to discuss the point raised by them in brief and in argument that the transaction involving the giving and depositing of the check for $1,000 by Howeott to O’Neil resulted in an agreement between them which created a partnership in commendam.

Under the view which we adopted and which we discussed at some length with regard to that check and the deposit of the proceeds, we are unable to conceive how the transaction could have become such an agreement as…