Childers v. Neely
West Virginia Supreme Court of Appeals
34 S.E. 828 (1899)
- Written by Miller Jozwiak, JD
Facts
J. M. Childers (plaintiff), Ramey (plaintiff), and S. H. Neely (defendant) worked together to operate a business in oil production. The three each held interests in leases to tracts of land for the purpose of removing oil and gas. Although Childers, Ramey, and Neely agreed to develop the land for oil production, there was no written or oral agreement to form a partnership. Instead, the three men merely agreed that each would receive production amounts proportionate to his shares in the lease. Childers and Ramey sued Neely, claiming that the business constituted a partnership, seeking an accounting of the partnership, and seeking to dissolve the partnership. Neely denied that the venture constituted a partnership. Instead, Neely claimed that the venture was merely a joint enterprise. Neely also sought an accounting. The trial court sided with Childers and Ramey, and Neely appealed.
Rule of Law
Issue
Holding and Reasoning (Brannon, J.)
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