Hatfield v. Green
| Docket Number: | 2001-CA-01986-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-18-2003 Opinion Author: Myers, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Contract - Intent to form partnership Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Chandler and Griffis, JJ. Procedural History: Jury Trial Nature of the Case: CIVIL - CONTRACT |
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| Trial Court: |
Date of Trial Judgment: 11-28-2001 Appealed from: Prentiss County Chancery Court Judge: Charles D. Thomas Disposition: GRANTED APPELLEES’ MOTION FOR DIRECTED VERDICT. Case Number: 99-0122 |
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| Party Name: | Attorney Name: | |||
| Appellant: | JANE HATFIELD |
GREGORY W. HARBISON |
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| Appellee: | DON GREEN AND BETTY GREEN | DUNCAN L. LOTT |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Contract - Intent to form partnership |
| Summary of the Facts: | Jane Hatfield sued Don and Betty Green seeking a dissolution of an alleged partnership and an accounting of the alleged partnership. The court granted the Greens’ motion for a directed verdict finding that no partnership existed between Hatfield and the Greens. Hatfield appeals. |
| Summary of Opinion Analysis: | Hatfield argues that the court erred in finding that there was never any written agreement between Hatfield and the Greens to reflect the formation of a partnership. While a written agreement would remove any doubt about the existence of a partnership, the chief criterion in determining the existence of a partnership is the parties’ intent which may be inferred from the parties’ actions and conduct. Conflicting evidence was presented on what was the parties’ intent. All negotiations and payments were strictly between Hatfield and another person, and the Greens never expressed any intent to form a partnership. There is sufficient evidence in the record to support the court’s decision. |
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