Joubert v Tarry & Co [1915] ZATPD 47 (14 June 1915)

Partnership -Essentials -Contract.

The essentials of partnership are that each of the partners brings something into the partnership, that the business be carried on for the joint benefit, with the object of making a profit and for a legitimate purpose. Where all these essentials are present in a contract, in the absence of something showing that the contract betw.een the parties is not an agreement of partnership, the Court must come to the conclusion that it is ii. partnership and it makes no difference what the parties have called it: