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FIRST DIVISION.
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the partnership with which it was dealing. This is even more true
in the cases of Cebu Southern Hardware and Blue Diamond Glass
Palace who supplied materials on credit to the partnership. Thus,
it is but fair that the consequences of any wrongful act committed
by any of the partners therein should be answered solidarily by
all the partners and the partnership as a whole.
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setting up counterclaims.
During the pretrial conference, the petitioners and
respondents agreed that the issues to be resolved are:
(1) Whether or not there existed a partnership between
Celestino Galan and Elmo Muasque and
(2) Whether or not there existed a justifiable cause on
the part of respondent Tropical to disburse money
to respondent Galan.
The business firms Cebu Southern Hardware Company
and Blue Diamond Glass Palace were allowed to intervene,
both having legal interest in the matter in litigation.
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states:
'This agreement made this 20th day of December in the year 1966
by Galan and Muasque hereinafter called the Contractor, and
Tropical Commercial Co., Inc., hereinafter called the owner do
hereby for and in consideration agree on the following: x x x."
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SO ORDERED.
Teehankee (Chairman), MelencioHerrera, De la
Fuente and Patajo, JJ., concur.
Plana, J., no part.
Relova, J., on leave.
Decision affirmed with modification.
Notes.In order that a contract of partnership may
exist, the parties must bind themselves to contribute
money, property, or industry to a common fund. Without
such a common fund or a reciprocal undertaking by the
parties to constitute the same, there can be no partnership.
Thus, Manresa cited a case where the parties had
contributed nothing of a realizable value but a mere
obligation, that of responding up to a certain amount for
the losses which the supposed partnership might incur,
none of the parties having contributed to a common fund
any money, or any other kind of property, or any existing
industry or service. When the juridical existence of the
supposed partnership was questioned, the French Court
decided that there was no partnership for lack of common
fund. (Caguioa, Comments and Cases on Civil Law, Vol VI,
p. 3, First Edition.)
In order to become a partner, a party must have capacity
to enter into contract. An emancipated minor, therefore,
may become a partner but the consent of his parents or
guardian is necessary in order to contribute real or
immovable property. A married woman may become a
partner without the consent of her husband. Both natural
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