(DOWNLOAD) "Utter v. Irvin" by United States Court of Appeals for the Fifth Circuit ~ eBook PDF Kindle ePub Free
eBook details
- Title: Utter v. Irvin
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 15, 1942
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
Submitted on an agreed statement of facts, this is another of those difficult cases in which the question to be determined is whether, though the parties to an agreement did not so intend, the terms of the agreement did not make them partners. It arises on the voluntary petition of two of the parties to the agreement admitting their bankruptcy and seeking to have themselves and the other parties to the agreement adjudicated a bankrupt partnership. The referee thought the agreement constituted a partnership, and, in an opinion set out in the record, gave his reasons for thinking so. The district judge thought otherwise. This appeal is from a denial of the adjudication prayed. It is submitted here on a record consisting of a stipulation that there was no material deviation from the terms of the contract; that the parties to it did not intend to form a partnership; and that the sole question to be determined on the appeal is whether the contract, set out in full in the stipulation and, in its material parts, in the margin in fact and in law made a partnership. The referee recognized that the question was not easily determined and that while general principles ruled it, for all practical purposes, each case must stand on its own bottom. Gathering up in his summation the elements in the agreement which seemed to him to dominate it and make it a partnership, particularly that of a division of the gross receipts, he construed it as one for a joint business operation, and, therefore, a partnership.
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