Doyle v. Bailey

Citations

• 75 Ill. 418

Syllabus

<p>1. Pabtmebship — an agreement for, alone, does not create a partnership. There is a material difference between a partnership entered into between parties in regard to a certain business and an agreement to form a partnership. A mere agreement to form a partnership does not of itself create a partnership. The parties must enter upon the execution of the agreement before the relation of partners exists between them.</p> <p>3. Same — when remedy must be sought on agreement, at law. Where one party having a contract on public works enters into an'agreement with another to form a partnership in the business under such contract and in other contracts that they may obtain,and complete such contract, dividing the profits, after which the first gives notice that he will continue the arrangement no longer, but will bid on his own account, and a subsequent contract is awarded to him, from which he excludes the other, there will be no partnership in the business under the last contract, and a bill for an account, etc., will not lie. The remedy of the other party in such case will be at law for a violation of the agreement.</p>