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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Schneider v. Schneider, 146 S.W.2d 584 (1941)

Citation
Schneider v. Schneider, 146 S.W.2d 584 (1941)
Parent Document
Schneider v. Schneider, 146 S.W.2d 584 (1941)
Jurisdiction
Missouri (state)
Effective Date
1941-01-04

Other Sections in This Document (37)

Full Text

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is that of the intention of the parties. [Prasse v. Prasse (Mo.), 77 S. W. (2d) 1001; Neville v. D’Oench, 327 Mo. 34, 34 S. W. (2d) 491.] This statement, however, must not be construed as meaning that each of the partners must fully understand all of .the legal incidents which follow upon partnership existence. Such a requirement would practically limit partnerships to those created by carefully drawn written articles or to those between attorneys at law. One of the tests applied to determine the intention of the parties in this connection has to do with their sharing of profits. Ordinarily from the fact that profits are shared, an inference of the existence of a partnership may be drawn. [Torbert v. Jeffrey, 161 Mo. 645, 61 S. W. 823.] But this inference is not altogether conclusive, particularly where the parties, although agreeing to divide profits, do not agree to share any possible losses. [Gill v. Ferris, 82 Mo. 156.]