Strauss v. Mendelsohn

Citations

• 63 Pa. Super. 504
• 1916 Pa. Super. LEXIS 199

Syllabus

<p>Partnership — Participation in profits — Intention.</p> <p>A mere participation in the profits of a business will not make the parties partners, inter se, whatever it may do to third persons unless they so intend.</p> <p>In an action of assumpsit based upon an agreement in writing signed by the defendant alone, it appeared that defendant agreed in the writing to pay to plaintiff the sum of thirteen hundred dollars, subject to three conditions: (1) that in lieu of interest defendant should pay forty per cent, of the profits earned in his business provided the profits exceeded twenty-five hundred dollars; (2) that if less than twenty-five hundred was earned the promise to pay would be renewed for another year on the same terms; and (3) that if the business showed a loss, plaintiff was to accept another promise to pay thirteen hundred dollars less fifteen per cent, under the same terms for another year. The action was brought after the end of the second year for thirteen hundred dollars less fifteen per cent., the business having resulted in a loss. Held, (1) that there was no partnership between the parties inter se; (2) that there was no obligation by the plaintiff to wait longer than a period of two years; (3) that the plaintiff was entitled to recover the amount claimed in the suit.</p>