We think the nonsuit was properly granted. The testimony fails to show any community of interest between the members of the defendant association which is necessary to constitute them partners. The funds received from the manufacturers for goods ordered by the members of the association, by way of rebates, did not belong to the asso *153 ciafcion, but were sent to its treasurer for convenience of distribution, and were distributed among the members in proportion to the amount of goods which each had ordered from the manufacturer, those only receiving a rebate who had ordered goods of the kind made by the manufacturer paying the rebate. The funds so received were therefore not joint" profits. . •

Moreover, the testimony further shows that the plaintiff's were not members of the association, and consequently were not entitled to any part of the rebates. The letters upon which they relied, written to them by Flanders, do not rexider the defendants liable, the authority of Flaxiders to bind the association by these letters not appearing. Even if a payxnent had been made by Flanders to the plaintiffs, as is now alleged, his authority to make'it for the association is not shown ; nor does it appear that such payment was known to the association or ratified by it.

The petition for xiew trial is denied, and the case is remitted to the Common Pleas Division with direction to exxter judgment for the defendants for costs.