106 Va. 365 | Va. | 1907
delivered the opinion of the Court.
In February, 1905, Lewis S. Jackson filed his bill in the Circuit Court of Charlotte county, alleging that on or about February 1, 1902, he entered into an arrangement and agreement with J. M. Haynie, whereby he was to take charge of complainant's mill, superintend and conduct the same, and out
The administrator of J. M. Haynie, who was made party defendant to this bill, filed an answer positively denying that there was ever any such partnership agreement, as alleged, between the complainant and the respondent’s intestate. The answer avers that the agreement between the parties was that Haynie was to manage and conduct the milling business for and on account of the complainant for one-third of the profits as a salary for each year; that complainant was to furnish the mill house, the machinery and the capital, and to be liable for the debts and losses, Haynie being the employee of Jackson, subject to his orders and control.
Upon the final hearing a decree adverse to the pretensions •of the complainant was rendered by the Circuit Court, from which this appeal has been taken.
The principles of the law of partnership lead to the conclusion that if a trader makes an -arrangement in regard to a commercial business with another, by reason of which that •other becomes interested as owner in the resulting profits, while they are undivided and remain as profits, the two are partners; the general rule being that to constitute a partnership there must be a community of interests inter sese, and that the parties should share the profits, and losses. It is, however, far from being universally true that a mere participation in the profits constitutes the party a partner. At most it is true only
As said by Judge Snyder in Sodiker v. Applegate, supra, a case very similar to this, involving the conduct of a mill: “The books are full of nice distinctions and definitions showing that it is often diflicult to decide to which class the particular facts and circumstances assign cases, but there is no such difficulty in the case before us. Under none of the authorities or definitions could this be classed as a partnership.”
In the case at bar the weight of the evidence shows that no
This conclusion having been reached by the Circuit Court, its decree must be affirmed.
Affirmed.