Kennedy & Shaw Lumber Co. v. Taylor

Citations

• 3 Cal. Unrep. 697
• 31 P. 1122
• 1892 Cal. LEXIS 1042

Syllabus

<p>Partnership—Assuming Antecedent Debts of Members.—Civil Code, section 2395, provides that “a partnership is the association of two or more persons for the purpose of carrying on business together, and dividing its profits between them.” Held, that a partnership was formed where a contractor, on assigning his contract to others, made a written agreement with them, which agreement provided that the contractor was to do the work, that the parties taking the contract were to furnish the money to carry it on, and receive the payments made as the work progressed, but that the profits were to be equally divided between them.</p> <p>Partnership.—Material was Sold and Delivered to the contractor before the agreement of partnership was made, and was afterward used in the work. Held, that a finding that the partnership assumed payment thereof was justified.</p>