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Decisions of the Superior Courts of New South Wales, 1788-1899

Published by the Division of Law     Macquarie University

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[partnership, establishment of]

Long v. Taylor

Supreme Court of New South Wales

Dowling C.J., 18 June 1838

Source: Sydney Herald, 21 June, 1838[1]

 

Long v. Taylor. - This was an action brought to recover the sum of £944, for goods sold and delivered.  As it appeared that the plaintiff delivered the goods to the defendant with an understanding that he was to sell them for as much as he could, and if the profits did not amount to the sum the defendant had been receiving from the plaintiff as salary, the plaintiff was to make it up to the defendant; and if the profits amounted to more than that sum, they were to be divided between them.  His Honor held that a partnership had been established, and directed a non-suit to be entered.

 

Notes

[1]See also Dowling, Proceedings of the Supreme Court, Vol. 151, State Records of New South Wales, 2/3336, p. 22.