The sharing of profits and losses is conclusive evidence of partnership.
Walker Meeks is currently a party to two contracts. On the first contract, he has agreed
to paint a portrait of a gentleman riding a horse. This portrait is for the wall of the
gentleman’s study. The gentleman chose Meeks for his realism in portraying the true
feelings behind portrait models. Meeks’ second contract is to paint the house of Sylvia
Sneed.
Meeks is offered an employment contract for a large sum of money. He wishes to
accept, but this would render him unable to complete the aforementioned contracts.
Meeks delegates the painting of the portrait to his friend Bob, an impressionist, and
delegates the painting of Sylvia’s home to Ted, a professional house painter.
Neither the gentleman nor Sylvia intends to allow the delegation to occur. Comment on
the probable outcome of the dispute.