Gnann v. Cameron

• Decision Date: 15 February 1923
• Docket Number: 13659.
• Citation: 116 S.E. 338,29 Ga.App. 608
• Parties: GNANN v. CAMERON.
• Court: Georgia Court of Appeals

116 S.E. 338

29 Ga.App. 608

GNANN v. CAMERON.

No. 13659.

Court of Appeals of Georgia, Second Division

February 15, 1923

Syllabus by the Court.

The contract between the parties was properly construed to constitute a partnership.

Error from Superior Court, Chatham County; P. W. Meldrim, Judge.

Action by W. J. Cameron against G. B. Gnann. Judgment for plaintiff and defendant brings error. Affirmed.

Alan S O'Neal, of Savannah, for plaintiff in error.

Edwards & Lester, of Savannah, for defendant in error.

BELL J.

W. J Cameron brought a suit against G. B. Gnann for the alleged violation of a contract which the plaintiff contended was one establishing a partnership, and prayed for an accounting, and for the recovery of such sum as might be found thereupon to be due to him as a partner. The defendant contended that the contract was one merely of employment, by which the defendant was the employer and the plaintiff the employed. The court held that the contract established a partnership, and so instructed the jury. Upon the trial the verdict was in favor of the plaintiff, the defendant's motion for a new trial was overruled, and the movant excepted. The sole question is whether the court was right in the construction which it placed upon the contract.

Reciting that G. B. Gnann is the sole owner of the Owl Drug Company and that W. J. Cameron is a licensed druggist, the contract contains the following material stipulations: Inventory of stock, fixtures, and furniture to be taken as of the date of the contract (April 1, 1921), and their commercial value to be charged to Cameron. All money "at present" in bank to credit of Owl Drug Company to be placed at disposal of Cameron for the purpose of defraying current expenses and for the purpose of offsetting the outstanding indebtedness against the Owl Drug Company at such time as the varied amounts of indebtedness become due and payable. That 50 per cent. of the net profits shall be payable to Cameron at the end of each quarter, but in the meantime he is to receive the stipulated amount of not less than $25 and not more than $35 per week, "same to be considered a drawing account to be deducted from the 50 per cent. net profits payable to Cameron as provided in this clause." That Cameron agrees with the approval of the party of the first part, to keep the stock value equal to its inventory as of April 1, 1921, and at the expiration of the contract, should...