McKallip v. Geese
Supreme Court of Oklahoma
Error from Okmulgee County Court; M. M. Alexander, Judge. Action by Ered Geese and others against J. C. McKallip and 'others. Judgment for plaintiffs, and defendants bring error’. Fred Geese, one of the defendants in error, as plaintiff below, brought an action in the county court of Okmulgee county against J. C. McKallip, L. G. Wiley, and others, alleged to be partners doing business under the firm name of McKallip Bros. & Wiley.
Read the full summary
Error from Okmulgee County Court; M. M. Alexander, Judge. Action by Ered Geese and others against J. C. McKallip and 'others. Judgment for plaintiffs, and defendants bring error’. Fred Geese, one of the defendants in error, as plaintiff below, brought an action in the county court of Okmulgee county against J. C. McKallip, L. G. Wiley, and others, alleged to be partners doing business under the firm name of McKallip Bros. & Wiley. Fie alleged that he had performed labor for the firm, for which he sued. Others brought similar actions in the same court, and by consent, these actions were…
1Opinion of the Court
Opinion by
AMES, C.
(after stating the facts as above). The first question to consider is whether or not the contract which has been set out created a partnership between McKallip Bros., the lessors, and Wiley, the lessee.
Comp. Laws 1909, sec. 4959, defines partnership as follows:
'“Partnership is the association of two or more persons for the purpose of carrying on business together, and dividing its profits between them.”
In Bates on Partnership, par. 1, it is said:
“A partnership is the contract relation subsisting between persons who have combined their property, labor,-or skill in an…
2Cases cited9 opinions
- Cooper v. FlesnerSupreme Court of Oklahoma · 1909
- Holt v. HoltSupreme Court of Oklahoma · 1909
- Citizens' Nat. Bank of Chickasha v. MitchellSupreme Court of Oklahoma · 1909
- Nofsinger v. GoldmanCalifornia Supreme Court · 1898
- Causler v. WhartonSupreme Court of Alabama · 1878
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Emmons v. Southern Pac. Co.Oregon Supreme Court · 1920
- Cobb v. MartinSupreme Court of Oklahoma · 1912
- Municipal Paving Co. v. HerringSupreme Court of Oklahoma · 1915
- Hawkins v. MattesSupreme Court of Oklahoma · 1935
- Robinson Petroleum Co. v. Black, Sivalls & Bryson, Inc.Supreme Court of Oklahoma · 1929
6 more not listed; retrieve them via the Exa API.