by John Marshall Harlan, Drennen v. London Assurance Corporation…
“ Such was the whole extent of the agreement. The instruction by the court below proceeded upon the ground that the payment by Arndt in cash and money of the amount which he agreed to pay, and their receipt and entry upon the books of the firm to his credit, gave him an interest as partner in the business; whereas such facts only established the performance of some, not of all, the conditions prescribed; for, by the agreement, the formation of the proposed corporation was expressly made a condition, with the others named, to Arndt's becoming interested in the business. ”
