Weiland v. Sell
Cases that cite this one
5 later published cases cite this decision. The 4 that cite it most often are listed here.
- United States v. Wholesale Oil Co. (10th Cir. 1946)
- Wade v. Hornaday (Kan. 1914)
- St. Paul-Mercury Indemnity Co. v. United States ex rel. Jones (10th Cir. 1956)
- Sutton v. Schaff (Kan. 1919)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The demurrer to the evidence was properly overruled. There was no defect of parties. The defendant relies upon Railway Co. v. Hucklebridge, 62 Kan. 506, where it was held that the plaintiff could not recover in the action because it appeared that the claim sued upon belonged to a partnership. The controlling fact in that case was the agreement between the plaintiff and the witness to share the profits and the losses, which it was held constituted them partners. In this case the evidence clearly shows that there was no partnership, but merely an arrangement for a division of the net commission on one class of sales, in lieu of office rent and advertising. The case falls within the principle declared in Shepard v. Pratt, 16 Kan. 209, that a sharing of the profits is not always conclusive evidence of a partnership. That circumstance here is overborne by other controlling facts.
The judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.