Parker v. Fergus

Citations

• 43 Ill. 437

Syllabus

<p>1. Partnership—evidence of. The statement by’one defendant, that he was going into a house, nor the fact, that he occupied a portion of the house in the auction business, nor that he sold tickets for the other defendant’s opera house, and acted as treasurer, and his name-was printed on the bills as treasurer, prove that he was a partner in the opera house.</p> <p>3. Contract — construction of. Where a party leases a portion of a building to be used as an opera house, for a specified annual rent, and is employed to act as treasurer for the-enterprise, to sell tickets, and, as rent of the house, to receive one-half of the proceeds resulting from the use of tho portion used as an opera house, after deducting daily expenses, including his salary, to be deducted daily, the lessee to pay one-half of all taxes and assessments levied during the term, — held, that this does not create a partnership inter se, nor as to third persons, but it is a means of collecting his rents..</p> <p>3. Partnership—receipt of profits. Where a- landlord furnishes - the land, the teams, implements and grain to another, who performs the labor-for a crop, to be divided, when matured, this does not create a partnership; so, where one person furnishes material to be manufactured, and another employs the labor and skill in producing the result, and to be compensated by receiving a part of the manufactured articles, or a part of the proceeds when sold.</p> <p>4, Same —joint enterprise. It has been held, parties may engage in a joint enterprise and still not become partners, although they receive a portion of the profits. A party may receive a portion of the rents of a farm or tavern without becoming a partner. So of a clerk or an agent, who receives a portion of the profits on sales as a compensation for labor. So of a factor. So seamen may, by agreement, take a share in the profits of a whale fishing or coasting voyage as compensation for their services. To create a partnership, independent of ex