Hayes v. Killinger

How courts have described this case

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

• holding even though the Killingers were not required to pay Wallace if they were not paid, such an arrangement did not constitute a sharing of the losses because there \must be more than simply the loss from an uncollected debt\
• “The essential test in determining the existence of a partnership is whether the parties intended to establish such a relation.”
• “Joint control as well as an agreement to share the profits and losses is generally essential to a * * * partnership.”
• Wallace deducted all of the incidental expenses related to operation of the truck, such as oil, gas, repairs, and insurance, and his profit was the amount remaining after his expenses were paid
• “Restitution is said to be applicable in any situation in which one person is accountable to another on the ground that otherwise one would unjustly benefit or the other would unjustly suffer loss.”

Source: CourtListener parenthetical corpus (CC0).