Brief Fact Summary. Smith, (Appellant), brought suit against Kelley and Galloway, (Appellees), alleging he was entitled to a fixed percentage of the profits as a partner of their accounting firm. Appellant appeals judgment in favor of Appellees.
Synopsis of Rule of Law. A partnership is a contractual relationship and the intention to create it is necessary.
Judges should instead look to contemporaneous evidence to substantiate a defendant's expressed preferences.View Full Point of Law
Issue. Whether the parties intended to and did create a partnership entitling Appellant to share in the profits.
Held. No. No partnership relationship was intended to be and was not created.
Discussion. The lower court found that the original partners had at no time agreed that Appellant would be entitled to share in a percentage of the profits. This finding is not clearly erroneous. The conduct of the parties for three years confirms this conclusion.