Vanderhurst, Sanborn, & Co. v. De Witt

Citations

• 95 Cal. 57
• 30 P. 94
• 1892 Cal. LEXIS 786

Syllabus

<p>Partnership—Farming and Thrashing Business—Sharing Net Profits as Compensation. —• In order to constitute a partnership in the farming and thrashing business, there must be an agreement to carry on the business together and divide the profits, and the fact that one of the agreeing parties is to receive one half of the net profits of the business will not make him a partner therein, if it is agreed that he is to receive the same only as compensation for the use of personal property let by him to be used by the other party in the prosecution of such business in his own name, and solely on his own account.</p> <p>Id. — Evidence of Partnership — Declaration of Copartner. — Upon the trial of an issue joined as to the fact of partnership, the declaration of an alleged partner, made in the absence of the party denying the partnership, cannot, as against the absent one, be used to establish the fact of partnership.</p>