Haycock v. Williams
Supreme Court of Arkansas
APPEAL from Jefferson Circuit Court. John M. Elliott, Judge. Williams & Bowie sued the Bryants and Buchanan and procured an attachment to be levied upon a brick-kiln. Haycock interpleaded for the brick. Haycock testified as follows : “About the 9th day of March, 1889, the defendants in this action came to me and asked me to furnish them money with which to make brick on a yard east of Mr. Hilliard’s in the city of Pine Bluff.
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APPEAL from Jefferson Circuit Court. John M. Elliott, Judge. Williams & Bowie sued the Bryants and Buchanan and procured an attachment to be levied upon a brick-kiln. Haycock interpleaded for the brick. Haycock testified as follows : “About the 9th day of March, 1889, the defendants in this action came to me and asked me to furnish them money with which to make brick on a yard east of Mr. Hilliard’s in the city of Pine Bluff. I asked them what it would take, and they said they would need some money, some wheelbarrows, shovels and a pair of mules. I then entered into a contract with them,…
1Opinion of the CourtCockrill, C. J.
•When a partS.P habll,ty The terms of the contract between Haycock of the one part and the Bryants and Buchanan of the other, and the relation of the parties, do not render it probable that they intended to assume the responsibilities and obligations of a partnership. That is not commonly the relation assumed between manual labor and capital—the latter, it appears, being what Haycock was to furnish, while-the other parties were to contribute labor.
The usual elements of a co-partnership are lacking-There is no community of interest under the contract in the property employed in the enterprise.…
2Cited by15 opinions
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