Barrow v. Georgia Chemical Works

Court of Appeals of Georgia

Barrow v. Georgia Chemical Works

128 S.E. 14, 34 Ga. App. 31, 1925 Ga. App. LEXIS 12

CourtCourt of Appeals of Georgia

DecidedMay 14, 1925

Docket16158

StatusPublished

Cited by2 cases

This text of 128 S.E. 14 (Barrow v. Georgia Chemical Works) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barrow v. Georgia Chemical Works, 128 S.E. 14, 34 Ga. App. 31, 1925 Ga. App. LEXIS 12 (Ga. Ct. App. 1925).

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Opinion

Luke, J.

Georgia Chemical Works sued Barrow and McKenzie on a certain fertilizer note signed “Barrow & McKenzie, by J. N. McKenzie.” Barrow pleaded no partnership and non est factum. The court directed a verdict against both defendants, and Barrow excepted. The controlling question in the case is whether or not defendants were partners as to third persons. The parts of the voluminous written contract essential to the determination of the question presented may be summarized as follows: B. leased to M. for a period of five years, at a specified annual rental, designated lands, live stock, wagons, and farm tools for the conduct óf a cantaloupe farm. B. was to “stand for” guano, cantaloupe seed, paper, crates, and nails, and also to arrange for and procure cash to make the crop on the notes of M. in an amount not exceeding a named sum, “to give of his individual time in advice and assistance”-in gathering, hauling, and marketing the crop; and, for his service in “so assisting and becoming surety,” M. guaranteed him $4000 per annum. After “said rentals and said expenses and said guarantee are paid,” M. “shall be entitled to receive a profit of $6000.00 himself;” 'and then all other and further, profits per annum shall be divided in the proportion of forty per centum to B. and sixty per centum to M.

Held: Irrespective of the other evidence, which only strengthens the conclusion reached, the record, discloses a partnership between the defendants as to third persons, and for no reason assigned did the court err in directing a verdict against Barrow. Civil Code (1910), § 3158; Doss v. Ragan, 135 Ga. 850 (70 S. E. 662); Hand Trading Co. v. Jones, 129 Ga. 835 (60 S. E. 154); Buckner v. Lee, 8 Ga. 285; Sankey v. Columbus Iron Works, 44 Ga. 229 ; Powell v. Moore, 79 Ga. 524 (4 S. E. 383).

Judgment affirmed.

Broyles, C. J., and Bloodworth,_ J., concur.

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Luke, J.

Georgia Chemical Works sued Barrow and McKenzie on a certain fertilizer note signed “Barrow & McKenzie, by J. N. McKenzie.” Barrow pleaded no partnership and non est factum. The court directed a verdict against both defendants, and Barrow excepted. The controlling question in the case is whether or not defendants were partners as to third persons. The parts of the voluminous written contract essential to the determination of the question presented may be summarized as follows: B. leased to M. for a period of five years, at a specified annual rental, designated lands, live stock, wagons, and farm tools for the conduct óf a cantaloupe farm. B. was to “stand for” guano, cantaloupe seed, paper, crates, and nails, and also to arrange for and procure cash to make the crop on the notes of M. in an amount not exceeding a named sum, “to give of his individual time in advice and assistance”-in gathering, hauling, and marketing the crop; and, for his service in “so assisting and becoming surety,” M. guaranteed him $4000 per annum. After “said rentals and said expenses and said guarantee are paid,” M. “shall be entitled to receive a profit of $6000.00 himself;” 'and then all other and further, profits per annum shall be divided in the proportion of forty per centum to B. and sixty per centum to M.

Held: Irrespective of the other evidence, which only strengthens the conclusion reached, the record, discloses a partnership between the defendants as to third persons, and for no reason assigned did the court err in directing a verdict against Barrow. Civil Code (1910), § 3158; Doss v. Ragan, 135 Ga. 850 (70 S. E. 662); Hand Trading Co. v. Jones, 129 Ga. 835 (60 S. E. 154); Buckner v. Lee, 8 Ga. 285; Sankey v. Columbus Iron Works, 44 Ga. 229 ; Powell v. Moore, 79 Ga. 524 (4 S. E. 383).

Judgment affirmed.

Broyles, C. J., and Bloodworth,_ J., concur.

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128 S.E. 14, 34 Ga. App. 31, 1925 Ga. App. LEXIS 12, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barrow-v-georgia-chemical-works-gactapp-1925.

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