JOINT ADVENTURE-ACTIONS AT LAW FOR SHARE OF PROFITS

Action in assumpsit for money due under a contract whereby defendant leased plaintiff's entire clothing factory for the manufacture of 20,000 coats for which defendant held a government contract. By the terms of the agreement, plaintiff was to receive one-half of the net profits. The agreement expressly stated that they were not to be partners. The coats were manufactured pursuant to the agreement.

Held, a mere agreement to share profits is, between the parties, insufficient to create a partnership, and assumpsit may be maintained by the members of a joint adventure inter sese for the agreed share of profits. Kingsley Clothing Mfg. Co. v. Jacobs, 344 Pa. 551, 26 A. (2d) 315 (1942).