Buffkin v. Strickland, 0066

• Decision Date: 10 February 1984
• Docket Number: No. 0066,0066
• Citation: 280 S.C. 343,312 S.E.2d 579
• Court: South Carolina Court of Appeals
• Parties: Cleo BUFFKIN, Respondent, v. Tunney STRICKLAND, Appellant.

Page 579

312 S.E.2d 579

280 S.C. 343

Cleo BUFFKIN, Respondent, v. Tunney STRICKLAND, Appellant.

No. 0066.

Court of Appeals of South Carolina.

Feb. 10, 1984.

H.T. Abbott, III, Conway, for appellant.

John H. Jackson, of Padgett & Jackson, Loris, for respondent.

CURETON, Judge:

Appellant Strickland appeals from the order of the circuit court that adopted the recommendations of a master that Strickland pay to respondent Buffkin certain sums of money in this accounting action. We affirm as modified.

The issues on appeal deal with (1) the sufficiency of the evidence to establish a farming partnership, (2) the composition of the partnership, (3) whether the proceeds from an insurance policy constituted partnership assets, (4) what expenses should be charged to the partnership, and (5) the sum each partner is entitled to receive by way of an accounting.

In an equity action tried first by a master, whose findings are concurred in by a circuit judge, the concurrent findings will not be disturbed on appeal unless found without evidentiary support or against the clear preponderance of the evidence. Townes Associates, Ltd. v. City of Greenville, 266 S.C. 81, 221 S.E.2d 773 (1976).

The facts, as we view them, are that Buffkin and Strickland orally agreed to embark upon a joint farming venture. They agreed to lease some land and tobacco poundage from one Allen Powell and to share the expenses and profits from the tobacco crop 50-50. Strickland paid the rental costs from his personal funds, while Buffkin paid most of the other costs of raising the crop from his funds. The tobacco crop burned after the parties harvested it, and while it was stored in a warehouse. As a result, Strickland received $25,020 in insurance proceeds which he refused to share with Buffkin, claiming that he purchased the insurance for his sole benefit.

The master found the arrangement between Buffkin and Strickland to constitute a partnership. We agree. A partnership is an association of two or more persons to carry on as co-owners a business for profit. Section 33-41-210, Code of Laws of South Carolina, 1976. A partnership may rest in parol or be implied. Wyman v. Davis, 223 S.C. 172, 74 S.E.2d 694 (1953).

Strickland argues that since he provided the funds (amounting to $10,724) to acquire the acreage lease and allotment that this fact evidences an intention that the tobacco crop would be his sole venture. This contention is untenable. Buffkin did most of the work of hiring laborers, securing farm equipment, and supervising the planting and harvesting of the crop. He also expended in excess of $13,000 of his funds for labor, equipment and fertilizer.

Strickland next contends that even if a partnership existed, it was a three-way partnership composed of himself, his son Terry and Buffkin. We reject this contention. It is undisputed that the initial venture included only Strickland and Buffkin. Strickland testified that after he could not get Buffkin to pay his share of lease costs, he brought Terry into the partnership in an attempt to recover some of his money, through Terry, and to cancel a debt that he owed Terry.

In order for Terry to have become a partner, both Buffkin and Strickland must have intended that he be a partner. 60 Am.Jur.2d Partnership, Section 177 (1972); Stephens v. Stephens, 213 S.C. 525, 50 S.E.2d 577 (1948). Here, while Terry did some work for the partnership and has not been paid, the evidence does not show that Buffkin ever agreed to make or considered Terry a partner as required by Section, 33-41-510(7), Code of Laws of South Carolina, 1976.

With respect to the question of whether Strickland acted as agent for the partnership or for his sole benefit in acquiring federal crop insurance, the...