Goode v. McCartney
Texas Supreme Court
Error from Panola. Tlie plaintiff brought suit upon an account for mcr-chandise sold the defendant. The latter pleaded, in set-off, an account for medical services rendered one Power, who, lie alleged, was the partner of the plaintiff, and who had furnished the goods under an agreement that the medical services rendered him hy the defendant should bo received iji satisfaction.
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Error from Panola. Tlie plaintiff brought suit upon an account for mcr-chandise sold the defendant. The latter pleaded, in set-off, an account for medical services rendered one Power, who, lie alleged, was the partner of the plaintiff, and who had furnished the goods under an agreement that the medical services rendered him hy the defendant should bo received iji satisfaction. An agreement to that effect between the defendant aiid Power was proved; and it was in proof that the defendant declined to purchase the goods, on till' ground that the house was doing a cash business, until Power…
1Opinion of the CourtWheeler, J.
It is very questionable whether tlie evidence was sufficient to establish the existence of a partnership between tlie plaintiff and Power. Jt *98is true that the criterion by which to determine in general whether persons are partners or not, is to ascertain whether there is a communion oí proiit and loss between them. And it is said if one person advances funds, and another furnishes his personal services or skill in carryiug on the business and is to> share in the profits, it amounts to a partnership. It would be a valid partnership, nof withstanding tlie whole capital was in the first instance…
2Cases cited1 opinion
- Rogers v. Hosack's ExecutorsNew York Supreme Court · 1837
3Cited by21 opinions
- Thompson v. SchmittTexas Supreme Court · 1925
- Buzar v. First National Bank of GreenvilleTexas Supreme Court · 1886
- Kelley Island Lime & Transport Co. v. MastersonTexas Supreme Court · 1906
- Millers' Indemnity Underwriters v. PattenCourt of Appeals of Texas · 1922
- Gardner v. WesnerCourt of Appeals of Texas · 1932
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