Friday, March 23, 2012

Southex Exhibitions, Inc. v. Rhode Island Builders Association, Inc. case brief

Southex Exhibitions, Inc. v. Rhode Island Builders Association, Inc. (1st Cir. 2002)

-Concerned whether a joint venture could be considered an ongoing partnership
Issue was whether a profit sharing agreement amounted to proof of a partnership
A share of profits in a business is prima facie evidence of a partnership unless these
profits were received in payment:
o As a debt by installments or otherwise;
o As wages of an employee or rent to a landlord
o As an annuity to a widow or representative of a deceased partner
o As interest on a loan, though the amount of payment vary with the profits of
the business
o As the consideration for the sale of a good will of a business or other property
by installments or otherwise [?]

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