Barwick v. Alderman

Citations

• 46 Fla. 433

Syllabus

<p>1. Upon the issue of partnership or no partnership, the admissions of a party sought to be charged as a partner to the effect that he was a member of the alleged partnership whether made directly to the party seeking to charge him or to third persons are admissible as against him as tending to prove the fact of partnership, and such admissions though made to a third person are admissible for the purpose stated whether they were ever communicated to the party seeking to charge the person making them as a partner or otherwise.</p> <p>2. .Upon the issue of partnership or no partnership tendered by an alleged partner in a suit against the firm testimony of a witness to the effect that he was present when the party so sought to be charged in the presence of the other alleged partner gave instructions to a draughtsman for the preparation of a partnership agreement to the effect that he was to furnish certain property and the other to furnish the labor for a named business, the net profits to be divided between them is relevant as tending to show the fact of partnership in connection with other testimony that the contemplated business was actually carried on by the other alleged partner with the property mentioned, and that the party sought to be charged admitted to other persons that he and the other alleged partner were partners in the business.</p> <p>3. If by the terms of a partnership agreement one of the partners is to furnish or be responsible for certain articles or labor to be furnished the firm, and the other partner is not to be liable for the same, and these provisions of the partnership agreement are known to one who contracts with the partner whose power is thus limited, to supply the article or furnish the labor, the person so contracting with knowledge of the provisions of the partnership agreement can not recover against the other partner upon such contract.</p> <p>4. Evidence examined and found insufficient to support the verdict. (Maxwell, J., dissent