o Right to choose co-partners - Unless otherwise provided in the

partnership agreement, no one can become a member of the

partnership association without the consent of all the other

associates

o Power to dissolve partnership - Among partners, mutual agency

arises and the doctrine of delectus personae allows them to have the

power, although not necessarily the right, to dissolve the

partnership. Verily, any one of the partners may, at his sole pleasure,

dictate a dissolution of the partnership at will. He must, however, act

in good faith, not that the attendance of bad faith can prevent the

dissolution of the partnership but that it can result in a liability for

damages

o Application of principles of estoppel - — A partnership liability may be

imposed upon a person under principles of estoppel where he holds

himself out, or permits himself to be held out, as a partner in an

enterprise. (see Art. 1825.) In such cases, there is no actual or legal

partnership relation but merely a partnership liability imposed by law

in favor of third persons.

A partnership may be created without any definite intention to create it. It is the

substance and not the name of the arrangement, which determines the legal

relationship, although the designation adopted by the parties should be

considered as indicative of their intention. (68 C.J.S. 415-417.) In case there is no

written agreement between the parties, the existence or non-existence of a

partnership must be determined from the conduct of the parties, any

documentary evidence bearing thereon, and the testimony of the parties.

(Greenstone vs. Clar. [Misc.], 69 N.Y.S. [2d] 548 [1947], cited in Barrett & Seago, p.

461.)