Weiland v. Sell
John J. Weiland v. C. C. Sell
Syllabus
Summary
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
Per Curiam:
The demurrer to the evidence was properly overruled. There was no defect of parties. The defendant relies upon Railway Co. v. Hucklebridge, 62 Kan. 506 , where it was held that the plaintiff could not recover in the action because it appeared that the claim sued upon belonged to a partnership. The controlling fact in that case was the agreement between the plaintiff and the witness to share the profits and the losses, which it was held constituted them partners. In this case the evidence clearly shows that there was no partnership, but merely an arrangement for a division of the net commission on one class of sales, in lieu of office rent and advertising. The case falls within the principle declared in Shepard v. Pratt, 16 Kan. 209 , that a sharing of the profits is not always conclusive evidence of a partnership. That circumstance here is overborne by other controlling facts.
The judgment is affirmed.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 5 cases
View all citing references →Relies on it most ⓘ
- Wade v. Hornaday
- St. Paul-Mercury Indemnity Company v. United States of America for the Use of H. C. Jones, Doing Business as H. C. Jones Construction Company, Burden Ivy Barfield, Bourdon Ray Barfield, and Oliver Eakle Barfield, as Co-Partners Doing Business as Barfield Construction Company v. United States of America for the Use of H. C. Jones, Doing Business as H. C. Jones Construction Company
- United States v. Wholesale Oil Co.
- St. Paul-Mercury Indemnity Co. v. United States ex rel. Jones
- Sutton v. Schaff
Most recent
- St. Paul-Mercury Indemnity Company v. United States of America for the Use of H. C. Jones, Doing Business as H. C. Jones Construction Company, Burden Ivy Barfield, Bourdon Ray Barfield, and Oliver Eakle Barfield, as Co-Partners Doing Business as Barfield Construction Company v. United States of America for the Use of H. C. Jones, Doing Business as H. C. Jones Construction Company
- St. Paul-Mercury Indemnity Co. v. United States ex rel. Jones
- United States v. Wholesale Oil Co.
- Sutton v. Schaff
- Wade v. Hornaday
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.