Gardiner

In an action for declaratory relief and for a money judgment brought by the assignee of several creditors against numerous defendants, the trial court determined that the three partners of Gran-Wood Company were personally liable for certain goods and services furnished by plaintiff’s assignors. Prom the judgment so holding the three partners appeal.

The record discloses that in November of 1951 there existed a partnership known as the Gran-Wood Company, engaged in the purchase, development and sale of vacant and improved real estate. This company had three partners, H. B. Granlee, John P. Woodson and Julius H. Selinger. At that time there also existed another partnership known as Gaither and Boe, engaged in the contracting business. This partnership had two partners—Ployd Gaither and Carl S. Boe—both licensed contractors.

On November 12, 1951, Gran-Wood entered into a contract with Gaither and Boe. One of the basic questions involved on this appeal is whether such contract created a partnership, or whether Gaither and Boe simply became independent contractors under it. The trial court came to the conclusion that it created a partnership.

Under the terms of this contract…