This section is from the book "Popular Law Library Vol8 Partnership, Private Corporations, Public Corporations", by Albert H. Putney. Also available from Amazon: Popular Law-Dictionary.
There is a distinction between a partnership already launched or entered upon and a mere contract to form a partnership. The difference is similar to that between a promise to marry and marriage. A suit for damage may arise upon the breach of such a contract; but the liabilities peculiar to the partnership relation are not incurred till some act is done by the promisor in accordance with the promise and in execution of it. There must be a partnership launching in which the person to be held as partner has a hand.
14 Hurt vs. Salisbury, 55 Mo., 310;
Bigelow vs. Gregory, 73 III. 197. 15 Gardner vs. Diedrichs, 41 III., 158;
Murray vs. Haverty, 70 III. 316; Titsworth vs. Staut, 49
III., 79; Baird vs. Jackson, 98 III., 78; Chambers vs. Jones, 72 III., 275. 16 Dunham vs. Loverock, 158 Pa. St., 179; 27 Atl. Rep., 990; 38 Am. St. Rep., 838.
The new English "Partnership Act" defines the relation of partnership thus: "Partnership is the relation which subsists between persons carrying on a business in common with a view of profit."