Smith v. Kelley
Court of Appeals of Kentucky
465 S.W.2d 39 (1971)
Smith (plaintiff) worked at an accounting firm where Kelley and Galloway (defendants) were partners. There was no written partnership agreement between Smith, Kelley and Galloway, though the contract between them called Smith a partner, as did various other forms. Kelley and Galloway testified that Smith did not contribute to the partnership’s assets, take part in management, hire or fire employees, or sign notes for borrowed money, that he was not liable for the partnership’s losses, and that there was no agreement that Smith would share in a percentage of the partnership’s profits. During Smith’s three-and-a-half years at the firm, he did not claim entitlement to a share of the firm’s profits. After Smith left the firm, he brought suit for a partnership accounting, claiming entitlement to a percentage of the firm’s profits. The trial court dismissed Smith’s claim, finding that he was not a partner in the firm, and Smith now appeals.
Rule of Law
Holding and Reasoning (Clay, Comm.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 166,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.