An Exposition of the Principles of Partnership

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If it . Appeared that the parties intended to constitute themselves co-owners temporarih', and for the purposes of the transadlion, so that all expenses would be charged to a joint account, and only net profits divided, a partnership would arise ; owner and seller would be liable, as co-principals. On the other hand, if no such partnership was intended, and the case stated, as has been 172 Pt. 2, Ch. I. The Test. §63.
remarked, seems to exclude such an intention ; neverthe- less, upon the assum
...ption of an agency, the same measure of liability prevails. The owner would be responsible, as an undisclosed principal, upon the contradt of sale, which formed the purpose and substance of the agency, though he would not be bound on any contrail respecfting the ex- penses which the agent had agreed to defray. The agent, too, would be responsible on the contrail of sale, as the nominal promissor. The stranger, therefore, holds both, and may sue them successively, till satisfadlion is obtained. There is no reason, except one of procedure, why he might not sue both in a single adlion.

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