There was an agreement between Eyre and Co. And three other persons that Eyre & Co. would purchase some oil and distribute the same between itself and the other three persons and others would then pay for the oil to Eyre and Co. at the purchase price. The purchase was made only in the name of Eyre & Co. without any notification to the plaintiffs any other persons had any concern in it. Eyre & Co. became bankrupt and the seller of oil sued the other „three persons, who had shared the oil to recover the price of oil. It was held that the oil in this case was not meant for re - sale and, therefore, there was no business being carried on by Eyre & Co. and others and hence there was no partnership between them. Since Eyre & Co. had purchased the oil on its own account and not as agent or partner of the other three persons, the other persons could not be made liable for the same.