Opinion
Gen. No. 43,554. (Abstract of Decision.)
Opinion filed February 5, 1947 Released for publication February 21, 1947
PARTNERSHIP, § 29 — when existence of partnership was not proved by evidence. In suit for accounting based upon alleged oral partnership agreement to engage in business of light manufacturing and welding, existence of partnership between parties was not proved where it appeared that defendant alone signed all checks, made all deposits and withdrew all moneys of firm and plaintiff did not know when account was opened nor amount of money on deposit, and plaintiff had no knowledge as to when lease was executed for factory site and had no part-in contracting for telephone or electric service and was unfamiliar with social security and withholding taxes paid by firm and did not appear to know whether he had included any income from any investment in partnership in his income tax return.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. CHARLES E. BYRNE, Judge, presiding.
Decree affirmed. Heard in the third division, first district, this court at the October term, 1945.
Downs, Scheib Powell, for appellant;
Thomas J. Downs and John D. O'Connor, of counsel;
Cohen Weiss, for appellee;
Howard R. Weiss and Maurice A. Winkler, of counsel.
Not to be published in full. Opinion filed February 5, 1947; released for publication February 21, 1947.