Causten v. Barnette

Citations

• 49 Wash. 659
• 96 P. 225
• 1908 Wash. LEXIS 645

Syllabus

<p>Evidence — Parol—Wbitten Contracts' — Intent — Ambiguities— Partnership. A contract is so ambiguous or indefinite as to admit of parol evidence of tbe surrounding conditions and circumstances in order to show an intent to form a partnership, where the contract provided that, in consideration of a one-third interest in all mining claims and property to be acquired, and one-third of the proceeds of a stock of goods valued at $20,000, the plaintiff endorsed notes for $6,000 to enable two others to take the stock into Alaska and establish a trading post and locate and deal in mining claims, etc., the notes to be paid from the profits if sufficient was realized, and the contract further providing that if the business should be continued more than one season, each of the three parties to the contract shall furnish, in addition to his services, one-third of the necessary funds for the next season.</p> <p>Partnership- — Contract—Creation op Relation — Evidence—Sufficiency- — -Accounting. An agreement for a partnership, in effect, or at least a joint venture of a fiduciary character, with the right to an accounting for profits, is shown where, in addition to positive testimony that a partnership was intended, the contract provided that the plaintiff was to endorse notes for $6,000 to enable the defendant and another, who originally were the sole partners in the venture, to take a stock of goods, valued at $20,000, into Alaska and establish a trading post and store; that, in consideration thereof, he was to have a one-third interest in all mining claims and property acquired, and one-third of the proceeds of the stock, the notes to be paid from the profits if sufficient was realized; and that, if the business continued more than one season, each of the three was to furnish, besides his services, one-third of the funds necessary for the next season; and where it further appeared that the defendant and his partner in the venture had sustained a loss at sea, and being unable