Cothran v. Marmaduke & Brown

Citations

• 60 Tex. 370
• 1883 Tex. LEXIS 340

Syllabus

<p>1. Partnership.— It is not essential to constitute a partnership that the parties are by agreement to share in the losses of a business; it is sufficient if they are to have a community of interest in the profits as such. Following Goode v. McCartney, 10 Tex., 195. A partnership being thus established by community interest in the profits, both parties are liable to third parties for obligations incurred in prosecuting the partnership enterprise.</p> <p>S. Same.— The above doctrine does not apply to a case where a clerk, who advances nothing, is to receive a stipulated portion of the profits as compensation. for his labor.</p>