Lansburgh v. Walsh
New York Court of Common Pleas
Appeal from city court, general term. Action by Max Lansburgh against Thomas Walsh and others to recover on a quantum meruit for the sale and delivery of timber. From a judgment of the city court (28 N. Y. Supp. 1149) affirming a judgment entered on a verdict in favor of plaintiff, defendants-appeal.
1Opinion of the CourtBisohoff, J.
An agreement for one to pay another, who does not in any sense incur liability for losses, a share of the profits, by way of compensation for the latter’s services, does not create a partnership. Printing-Ink Co. v. Bowker (Com. Pl. N. Y.) 16 N. Y. Supp. 523; Hayward v. Barron (Com. Pl. N. Y.) 19 N. Y. Supp. 383. It is unchallenged, therefore, that J. C. Thompson was only the plaintiff’s employé, and not party to any contract of sale between the plaintiff and the defendants. The facts which appeared from sufficient evidence upon the trial, and with regard to which the judgment of affirmance…
2Cases cited4 opinions
- Sussdorff v. . SchmidtNew York Court of Appeals · 1873
- Neal v. AllisonTennessee Supreme Court · 1859
- Gundlin v. Hamburg-American Packet Co.New York Court of Common Pleas · 1894
- Hayward v. BarronNew York Court of Common Pleas · 1892
3Cited by2 opinions
- Martin v. RiehlNew York Supreme Court · 1899
- Smith v. DunnNew York Supreme Court · 1904