JOHN FORTIS,Plaintiff-Appellee, vs.

GUTIERREZ HERMANOS,Defendants-Appellants.

Facts: Plaintiff Fortis is an employee of defendant Gutierrez Hermanos. The former

brought an action to recover a balance due him as salary for the year 1902. He also alleged
that he was entitled, as salary, to 5 percent of the net profits of the business of the
defendants for said year. The complaint also contained a cause of action for the sum of 600
pesos, money expended by plaintiff for the defendants during the year1903. The lower
court ruled in favor of the plaintiff. The total judgment rendered amounted to P13, 025.40,
which was reduced to Philippine currency. The defendants moved for new trial but were
denied. They brought the case in the SC thru bill of exceptions, the appellants alleged that
that the contract made the plaintiff copartner of the defendants in the business, which they
were carrying on.

Issue: Whether or not the plaintiff is a co-partner of the defendants in the business.

Decision: NO. It was a mere contract of employment. The plaintiff had neither voice nor
vote in the management of the affairs of the company. The fact that the compensation
received by him was to be determined with reference to the profits made by the defendants
in their business did not in any sense make by a partner therein. The articles of partnership
between the defendants provided that the profits should be divided among the partners
named in a certain proportion. The contract made between the plaintiff and the then
manager of the defendant partnership did not in any way vary or modify this provision of
the articles of partnership.