Thurston v. Detroit Asphalt & Paving Co.

Prior to April 22, 1922, the superintendent of defendant Detroit Asphalt & Paving Company let an oral contract to one Frank Preston to paint the smoke-stacks of the company’s plant for $47. There was no definite agreement as to when the work should begin or end, nor details of how it should be done. The contract was for results without provision for supervision or any direction of the work by the company. Plaintiff Thurston was a brother-in-law of Preston and a silent partner, as he testified, in the business of painting smoke-stacks, putting up awnings, etc. On' April 22, 1922, while…