P agreed to help finance D performance of a drainage work.
P lent D $400,000 and further $100,000 under the partnership.
They signed an agreement afterwards.
Relying on clause 6 of the agreement P asked for the return of money.
Outcome: There is a partnership due to clause 5 in the agreement in which the parties agreed to share the profit equally.
This triggered the provision of s26 of the PO, saying that “in the absence of an express partnership, the profits and losses of a partnership are shared equally among partners“.
P lost the claim and he needed to share the debts of the
partnership.