Bowers v. Treuthardt

1 Citing case

  1. Estate of Starer

    121 N.W.2d 872 (Wis. 1963)   Cited 8 times

    In that decision, we reserved the question whether the sharing of losses as well as sharing the profits is a necessary element. In Bowers v. Treuthardt (1958), 5 Wis.2d 271, 92 N.W.2d 878, and in Lewis v. Leiterman (1958), 4 Wis.2d 592, 91 N.W.2d 89, we indicated a joint adventure included the sharing of losses as well as profits. We believe those decisions to be correct. While there is a conflict in the authorities, we adopt the rule it is not necessary to prove an express agreement relating to the sharing of losses in order to establish a joint adventure between one party supplying services and the other party furnishing money, but once that relationship has been established the sharing of losses will be implied from the sharing of profits excepting in those cases in which an express agreement exists not to share losses.