concurring.
I agree that the Byrds did not have a partnership arrangement with E.B.B. and Caldwell. With respect to the contention of the Byrds that the relationship with E.B.B. and Caldwell was a joint venture, I concur in the determination of the majority that, as a matter of law, it was not. I do so because the requisite "joint or mutual control, that is an equal right to direct and govern the undertaking" (op. at 754) was lacking.
I do not, however, join the majority's conclusion that as a matter of law, the agreement was not to "carry out a single business enterprise." Id. at 753. It would be possible for a reasonable trier of fact to conclude that the undertaking of the parties was for a "single business enterprise for profit" (Id.) even though that enterprise was intended to continue over an extended period.3 A trier of fact might well find that the "single business enterprise" was that of farming. Such a conclusion might be reached even though the farming operation was to continue through several planting and harvesting cycles. See Baker Farmers Co. v. Harter, 28 Ill.App.3d 393, 328 N.E.2d 369 (1975) (involving a farming operation over a period of seven years); In Re McAnelly's Estate, 127 Mont. 158, 258 P.2d 741 (1953) (a farming operation for twenty eight years); C.A. Babcock Co. v. Katz, 121 Or. 64, 253 P. 373 (1927) (holding a livestock and farming operation over a two year period to be a joint venture); 48A C.J.S. Joint Ventures § 17 (1981).
Subject to the above caveat, I concur in the affirmance of the summary judgment granted to defendants E.B.B. and Caldwell. +
. There is authority for the proposition that, "It cannot be said that a joint venture must always be limited to a single transaction. Thus associations organized for diversified operations of a continuing nature have been recognized as joint ventures by the courts." 46 Am.Jur. 2d Joint Ventures § 14 (1994).