Furthermore, the Court notes that "there need not necessarily be an agreement to share losses" in order to find an implied partnership. Beatty v. Garner, 458 S.W.2d 288, 291 (Mo. 1970); see also Bussinger v. Ginnever, 213 S.W.2d 230, 236 (Mo. App. 1948) (noting that absence of agreement concerning losses is not dispositive); but see H2O'C, 114 S.W3d at 403 (suggesting parties to a partnership must have agreed to share losses). This case presents what appears to be a novelty in Missouri jurisprudence.
The agreement simply was, by Stram's evidence, that he would supply the capital, Phil Miller would contribute services as broker and adviser and the pens of Miller Feed Lots, Inc. would be used to fatten the cattle. This case is factually analogous to Beatty v. Garner, 458 S.W.2d 288 (Mo. 1970). There, an oral agreement was made for a partnership venture in acquiring land and developing filling station locations.