Opinion
Gen. No. 10,190. (Abstract of Decision.)
Opinion filed February 5, 1948 Rehearing denied March 25, 1948 Released for publication March 30, 1948
PARTNERSHIP, § 9 — agreement to share profits. Partnership, and not relationship of landlord and tenant, existed between plaintiff owner of farm, and defendant who had been working farm and paying monthly rental for home and four acres of farm consisting of 300 acres, where there were written agreements between the parties providing, (1) that plaintiff surrenders title to certain farm implements in payment of labor performed by defendant, (2) selling of certain hogs and dividing proceeds equally, (3) selling cattle for certain price and dividing any money received over agreed selling price, (4) selling of all oats, soybeans and corn at market price, and dividing proceeds equally, (5) selling hay and straw, and dividing proceeds equally, and agreement that when above transactions were fulfilled, there would then exist no obligation by or between either party.
See Callaghan's Illinois Digest, same topic and section number.
(DOVE, J., dissents.)
Appeal from the Circuit Court of Iroquois county; the Hon. ROSCOE. C. SOUTH, Judge, presiding.
Decree affirmed. Heard in this court at the October term, 1947.
Saum, Brock Nelson, for appellants;
Harrison G. Shearon, of counsel;
Hutton, Clark Hutton, for appellees.
Not to be published in full. Opinion filed February 5, 1948; rehearing denied March 25, 1948; released for publication March 30, 1948.