Lintner v. Millikin

Citations

• 47 Ill. 178

Syllabus

<p>1. Partnership—existence of—dei&i'minedbythefacts and intention of the parties. The intention of the parties, together with the facts, must, as between themselves, be decisive of the question, whether a partnership did, or did not exist between them, and as to its extent.</p> <p>2. Contracts—to be consumed by courts alone—and not by witnesses. The rule is well settled, that the construction of contracts, written or verbal, rests exclusively with the court, and they can not be expounded by witnesses.</p> <p>3. Partnership—’construction of a particular agreement—what will not constitute a partnership. B & L, partners in the manufacture of certain agricultural implements, made a verbal agreement with M, a banker, whereby he agreed to furnish them money from time to time, and_ sufficient to manufacture as many articles as they might think safe and profitable, M’s advances, in any event, to be returned to him, and if. the adventure proved profitable, he to have in addition, one third of the profits in lieu of interest on the money loaned. No time being fixed for the termination of the adventure, or provision made that M should bear any part of the expenses or losses; Sold, that no partnership existed between B & L and M, in virtue of such agreement.</p> <p>4. New tkial—where substantial justice has been done. Where substantial justice has been done, a judgment will not be reversed because of the admission of improper testimony.</p>