1. There being no written agreement of partnership between the parties, the agreement of partnership must be determined from the conduct of the parties and the circumstances in connection with the business in which the parties were engaged. Held, that the parties were partners in the special enterprise in question.
2. There can be a partnership in a single transaction.
3. In the absence of any agreement with reference to the division of profits, under the Uniform Partnership act, the profits should be shared equally between the parties.
4. Testimony as to a former occasion when the parties engaged in a similar enterprise for their mutual profit as partners, was both relevant and important in view of the issue as it developed at the trial, and hence was admissible.
PER CURIAM.
The decree appealed from will be affirmed, for the reasons stated in the opinion filed in the court of chancery by Vice-Chancellor Davis.
For affirmance — THE CHIEF-JUSTICE, TRENCHARD, LLOYD, BODINE, DONGES, PERSKIE, HETFIELD, DEAR, WELLS, WOLFSKEIL, RAFFERTY, JJ. 11.
For reversal — PARKER, CASE, HEHER, COLE, JJ. 4.