Getchell v. Foster
Massachusetts Supreme Judicial Court
Contract on an account annexed against Alexander Foster, Henry B. Swazey, Napoleon B. McLean, Lafayette Dowling, and Benjamin F. Brown, for clapboards sold and delivered to the defendants. Foster and Swazey alone appeared.
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Contract on an account annexed against Alexander Foster, Henry B. Swazey, Napoleon B. McLean, Lafayette Dowling, and Benjamin F. Brown, for clapboards sold and delivered to the defendants. Foster and Swazey alone appeared. At the trial in the superior court, before Rockwell, J., it appeared that on November 1, 1866, an agreement was signed by all the defendants, of which the material parts were as follows: “Memorandum of agreement between McLean & Dowling, of the city of Fredericton, in the province of New Brunswick, merchants, of the first part; Foster & Swazey, of the city of Boston,…
1Opinion of the CourtAmes, J.
The agreement to enter upon “ an operation embracing the purchasing and selling of shingles and clapboards ” was sufficient to render all the parties to it copartners in relation to third persons, according to all the tests recognized by the authorities. It refers to a joint undertaking; it assigns to the parties interested their several shares in the management of the 'easiness; and it provides for an equal participation in all profits and losses. The fact that the purchases were to be made by one of their number, and that he was to give his time to that part of the business without…
2Cases cited2 opinions
- Brigham v. ClarkMassachusetts Supreme Judicial Court · 1868
- Odiorne v. MaxcyMassachusetts Supreme Judicial Court · 1818
3Cited by3 opinions
- Dinger v. FriedmanSupreme Court of Pennsylvania · 1924
- Phipps v. LittleMassachusetts Supreme Judicial Court · 1913
- Pettee v. AppletonMassachusetts Supreme Judicial Court · 1873