Leonard v. Sparks

Citations

• 109 La. 543
• 33 So. 594
• 1903 La. LEXIS 410

Syllabus

<p>PARTNERSHIP — WHAT CONSTITUTES — EMPLOYES — RIGHT TO DISCHARGE-DISSOLUTION — NOTICE.</p> <p>1. It does not necessarily follow that a partnership was formed because in a joint adventure the parties agreed each to receive a share of the profits.</p> <p>2. Persons may share profits, and not be partners as between themselves. The person who employs two other persons to do certain work, and who, by the terms of the agreement, retains the right to discharge them at will, may discharge one and retain the other in his employ.</p> <p>3. In that case, even if there exists a partnership between the employes, one of the employes may notify the other that the partnership, quoad the work in question, is dissolved.</p> <p>4. The steps taken toward dissolution were seasonably taken. Notice was given of the unwillingness of one of the asserted partners to continue the partnership.</p> <p>5. The judgment below properly settled all amounts to the date that the alleged partnership agreement was dissolved.</p> <p>(Syllabus by the Court.)</p>