Jones v. Purnell

Citations

• 21 Del. 444
• 5 Penne. 444
• 62 A. 149
• 1905 Del. LEXIS 36

Syllabus

<p>Issue From, Chancellor—Partnership; How Proved—Evidence— Form of Verdict.</p> <p>1. In an action brought by an administrator the defendant is not permitted, under the statute [Rev. Code, 798), to testify to conversations had with the deceased.</p> <p>2. Whenever two or more persons engage in a legal business, under an agreement, express or implied, to share the profits and losses, that is what is ordinarily and broadly denominated a partnership. It is the community of interest in sharing the profits and losses of the business which constitutes a complete partnership, as well between the parties themselves as in respect to strangers who deal with them as partners.</p> <p>3. A partnership may be proved between the parties, as well as with others, by evidence of the acts, dealings, conduct, admissions and declarations of the parties themselves, as well as by direct proof in different lines. As between partners, in order to establish a liability from one to the other, there must be an actual partnership proved; but where a third party is suing, although the parties may not in fact be partners, yet they may so conduct themselves toward the third party as to make themselves liable.</p> <p>4. Form of verdict.</p>