Maslowski v. Bitter

The theory of plaintiff’s complaint and the substance of his proof upon the trial were that the agreement between Bitter and plaintiff made them partners. Not only did they agree, according to plaintiff, that profits were to be divided equally, but losses were to be shared equally and the properties acquired were to be owned in common. Plaintiff nowhere suggested that the agreement made him Bitter’s employee, except to the extent that the fourth alternative cause of action offered after the defendants’ motion to dismiss might be open to that interpretation.

If a partnership did exist, it could…