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· 2/13/1889

Reab v. Pool

Citations

  • 30 S.C. 140
  • 8 S.E. 703
  • 1889 S.C. LEXIS 79

Syllabus

<p>1. In consideration of $500 paid by V to “P, agent,” he became a half-owner in a mercantile business conducted by “P, agent,” and was to share in its profits and losses. In action by creditors of the partnership thus created, held, that V could not show' by parol testimony that P was merely agent for his wife, who had never authorized or ratified the agreement; that V had never paid the $500, nor received any profits, and was not known in the business; for if these things wrere shown, still V would be liable for the partnership debts.</p> <p>2. The reception of profits is not necessary to make one a partner; it is the agreement to receive that constitutes a test of partnership.</p>

Judges: McGowan

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