Fisher v. Sweet

Citations

• 67 Cal. 228
• 7 P. 657
• 1885 Cal. LEXIS 601

Syllabus

<p>Pabtnebship—What Constitutes.—The plaintiff and defendant purchased certain lands jointly for the purpose of farming and eventually selling the same. Some time after such purchase the parties entered into an agreement by which the plaintiff was to conduct the farming operations, and the defendant to attend to shipping and selling the produce, the parties to share expenses equally, and after paying a reasonable compensation to the plaintiff for his services and the use of his teams and tools, to divide the net proceeds equally between them. Held, that these facts constituted a partnership between the parties with respect to the lands and the farming of the same.</p> <p>Id.—Action Between Pabtnebs.—A partner cannot maintain an action at law against his co-partner to recover his proportion of the partnership proceeds until the accounts of the firm have been settled.</p> <p>Id.—Evidence.—In an action at law or in equity, if the plaintiff offers evidence tending to show that the defendant has received moneys growing out of their adventures, whether as joint owners or as co-partners, the defendant will be entitled to show that such moneys have been disbursed in the due course of the business.</p>