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PHILIPPINEREPORTSANNOTATEDVOLUME046
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4. PARTNERSHIP
PROOF
OF
PARTNERSHIP
DECLARATIONS AND ADMISSIONS.The declarations
of one partner, not made in the presence of his copartner,
are not competent to prove the existence of a partnership
between them as against such other partner. The
existence of a partnership cannot be established by
general reputation, rumor, or hearsay.
5. ID. ID. INTENTION OF PARTIES TO GOVERN.The
intention of the parties, as gathered from the facts and as
ascertained from their language and conduct, should be
sought out and then given effect.
6. ID. ID. ID. CASE AT BAR.Held: That, applying the
tests as to the existence of a partnership, competent
evidence exists establishing the verbal partnership formed
by Kiel and Sabert, and that Kiel has a legal right to ask
for an accounting with reference to the improvements and
personal property on the land as of the date upon which he
left the plantation in the hands of Sabert as trustee.
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