51 Fla. 414 | Fla. | 1906
(after stating the faotk). The complainant in his bill alleges, as a conclusion of law, that he and the defendants on or about the first day of November, 1904, entered into a contract of partnership to engage in the business of operating and conducting a certain turpentine plant for the purpose of manufacturing rosin and spirits-turpentine at Hog Town near Point Washington, in Washington county, Florida; that by the terms of said contract complainant and defendants were to conduct said business under the firm name of Dasher, Rose & Company. What any of the other terms of this alleged contract of partnership were the bill fails to state. It fails to state how much, if any, of the partnership capital was or would be contributed by the complainant, or by the defendants; it fails to state anything as to any obligation, to share in the profits, losses or expenses of the business—indeed what is stated of this alleged contract of partnership alleged to have been entered into on or about November 1st, 1904, is a mere conclusion of the pleader with no statement of any facts from which a court can determine whether the alleged contract established or created the relationship of partners between these parties or not. But in addition to this defect in the bill, the written contract subsequently entered into between them on February 13th, 1905, and exhibited as a part of the bill, according to our interpretation thereof,