40 So. 319 | Ala. | 1906
The bill in this case is filed for the purpose of a settlement of an alleged partnership between the complainant and respondent. The respondent, by his answer, denies the allegations of the bill as to the existence of any partnership between the parties. There was no contract in writing, and there was no express agreement between the parties for the creation of a partnership; and the diet emanation of this question must be had from the terms of the agreement entered into between the parties, the character and conduct of the business, and the intention of the parties, to be gathered from the circumstatnees attending the entire transaction.
The evidence discloses that in 1900 Paul Roberts obtained a lease for the Alabama Consolidated Coal & Iron Company on a limestone quarry and entered into a contract to furnish said company with 200 tons of limestone a day for a term of three years. At this time the appellee was superintendent- of the Alabama Consolidated Coal & Iron Company’s furnace at Ironaton, Ala., and the appellant Avas an employe of said company under the appellee as superintendent. An agreement- Avas subsequently entered into betAveen the parties, AAdierebv .the appellee Avas to furnish the capital for the equipment of the quarry and for stocking a commissary, etc., and the appellant was to manage the quarry and commissary
The evidence shows that the. business was conducted in the name of Paul Roberts, or in the name of the “Consolidated Quarry/7 which latter name was used by appellee for the convenience, of the Alabama Consolidated Coal & Iron Company in the keeping of their accounts, and not as a partnership name. The appellant claims and testifies that the name “Roberts & Zuber77 was used in conducting the .quarry-business, arid the evidence shows that the appellant had some bills of lading for lime rock made out in the name of Roberts & Zuber. The appellee, on the other hand, testified that he did not authorize or consent to the use of such name, and, upon being informed that such name was being used, he notified the agent of the railroad company -and the clerk in the commissary,-who made out the hills of lading, that the bills should not he so made. The evidence further shows that the goods for the commissary were purchased in the name of Paul Roberts, and, as shown by sundry exhibits attached to the deposition of Paul Roberts, the complainant, Zuber, would order goods for the commis
While the evidence shows a community of interest in the profits, it does not satisfactorily show that under the arrangement and conduct of the business there was to he any -community in the losses. The appellant contends that the fact, which is undisputed, that he bore his part of the loss in the payment of damages for an injury suffered by (file of the employes working in the quarry mines goes to prove that he. was not only to share in profits, but in the losses of the business as well, and therefore he was a partner. As to this matter, the evidence shows that at the time the appellant objected to paying any part of said loss, and the evidence further explains why lie consented to pay one-half, and this was not upon the ground of any partnership liability. The facts in the present, case are very much like those in the case of Tayloe v. Bush, 75 Ala. 432, where there was a contract for the conduct of a farm; the agreement providing that one parW should furnish the farm and certain stock, tools, etc., the other lo conduct it, keep an account of all expenses, and to inalce equal division of the net proceeds.
Applying this laAV to the facts in this case, as we gather them from the evidence, Ave are of the opinion that no partnership existed betAveen the parties. To our minds, the weight of the evidence shoAVS that it Avas never the
Affirmed.