[Download] "Pickens v. Harrison Et Al." by Galveston No. 12197 Court of Civil Appeals of Texas * eBook PDF Kindle ePub Free
eBook details
- Title: Pickens v. Harrison Et Al.
- Author : Galveston No. 12197 Court of Civil Appeals of Texas
- Release Date : January 29, 1950
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
On Appellant's Motion for Rehearing. We have concluded that the pleadings of appellees (plaintiffs) show that plaintiff Clark had no interest in the land, but that he only owned an interest in the growing crops, and that he was suing to recover damages for diminished profits or the diminished value thereof. The partnership between appellee Harrison and appellee Clark was in the nature of a joint enterprise, to share the profits made therefrom. We think that it does not affirmatively appear that the parties intended that the ten-year lease should form a part of the assets of the partnership. It is stated in 20 R.C.L. 854, ""In all cases the presumption is against the inclusion of the real estate, and in order that it may be treated as belonging to the partnership the intention must be clearly manifested."" See also Vol. 1, Am.Lead.Cas. 496. See also Beaumont Rice Mills v. Bridges, 45 Tex.Civ.App. 439, 101 S.W. 511 (writ refused).
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