Thompson v. Bowman
Supreme Court of the United States
Error to the District Court for the Northern District of Mississippi. Thompson, Ford, and Powell, being owners of real estate in Texas, Powell agreed wdth one Bowman, that if he would find a purchaser, he should have a commission of ten per cent, on a sale. Bowman found a purchaser, and the commission not being paid, he brought suit'for it, the suit in the court below.
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Error to the District Court for the Northern District of Mississippi. Thompson, Ford, and Powell, being owners of real estate in Texas, Powell agreed wdth one Bowman, that if he would find a purchaser, he should have a commission of ten per cent, on a sale. Bowman found a purchaser, and the commission not being paid, he brought suit'for it, the suit in the court below. In charging the jury, the court assumed, without any proof upon the point, that the defendants were partners in the ownership of the property, and instructed them that each partner was the agent of all the partners composing…
1Opinion of the CourtJustice Field
There is no doubt that a copartnership may exist in the purchase and sale of real property, equally as in any other lawful business. Nor is there any doubt that each member of such copartnership possesses full authority to contract for the sale or other disposition of its entire property, though for technical reasons the legal title vested in all the copartners can only be transferred by their joint act. But the fact that real property is held in the joint names of several owners, or in the name of one for the benefit of all, is no evidence of copartnership between them with respect to it. In…
2Cited by32 opinions
- Alfred Filesi, Individually and Trading as "Jolly Tavern," v. United StatesCourt of Appeals for the Fourth Circuit · 1965
- Shaeffer v. BlairSupreme Court of the United States · 1893
- Robinson Bank v. MillerIllinois Supreme Court · 1894
- Takoma Park Bank v. AbbottCourt of Appeals of Maryland · 1941
- Green v. WhaleySupreme Court of Missouri · 1917
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