John Fortis v. Gutierrez Hermanos

Summary

Employment contract dispute where plaintiff John Fortis sought unpaid salary based on profit-sharing arrangement with Gutierrez Hermanos partnership. Supreme Court affirmed that Fortis was entitled to 5% of net profits for 1902 as salary, distinguishing employment relationship from partnership. Court held that partnership manager had authority to make employment contracts and that profit-based compensation did not create partnership status. Case established principles regarding employment contracts with profit-sharing provisions, authority of partnership managers, and distinction between employment and partnership relationships. Also addressed evidentiary rules regarding deceased persons and reimbursement obligations under Civil Code.