Halbersberg v. Berry

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding an issue not explicitly ruled on by lower court was waived for appellate review where omission was not brought to lower court's attention by way of a proper motion
• noting that a partnership agreement “may be implied and without express intention”
• finding the omission of the master in equity not preserved because the party did not bring the omission to the attention of the master through a proper motion
• finding a partnership existed where the expenses were paid from the profits of the operation, profits “split fifty-fifty,” and losses were shared in the same manner
• providing three partnership tests for determining whether a partnership exists: (1) the sharing of profits and losses; (2) community of interest in capital or property; and (3) community of interest in control and management
• stating in looking to whether a partnership exists, a court considers whether there is \(1) the sharing of profits and losses; (2) community of interest in capital or property; and (3) community of interest in control and management\ among the putative partners

Source: CourtListener parenthetical corpus (CC0).