Wade v. Hornaday

Citations

• 92 Kan. 293
• 140 P. 870
• 1914 Kan. LEXIS 218

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Partnership — Matter of. Contract — Neither Participation in Profits nor Parties Calling Themselves Partners is Conclusive of a Partnership. Partnership is a matter of contract and courts will not create such a contract against the will of a party. A definition of partnership which is at once accurate, comprehensive and exclusive is extremely difficult. Participation in the profits is only regarded as a circumstance to be considered in determining whether or not a partnership existed. The mere fact that the parties called themselves partners and referred to their business relation as a partnership will not necessarily make them partners nor their business a partnership.</p> <p>2. Same — Contract in this Case Did Not Create a Partnership. In this case it is held that an arrangement between three persons for a division of the net profits accruing on certain sales of shares of stock in lieu of office rent and services furnished by one, advertising and printing furnished by another, and the services of the other in the sale of the stock and in the advertising and correspondence, did not create a partnership in the sense that one could bind the others by a contract made in the name of all.</p>