Mason v. Gibson
Supreme Court of New Hampshire
Bill in Equity, for an accounting. Facts found, and case transferred from the June term, 1904, of the superior court, by jStone, J. The defendant carried on the hotel business for one year under ■a written agreement with the plaintiff, the material provisions of which are as follows: “ Mahlon II.
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Bill in Equity, for an accounting. Facts found, and case transferred from the June term, 1904, of the superior court, by jStone, J. The defendant carried on the hotel business for one year under ■a written agreement with the plaintiff, the material provisions of which are as follows: “ Mahlon II. Mason . . . does hereby lease, demise, and let unto James L. Gibson . . . the hotel property known as the Sunset Pavilion, . . . together with the furnishings of every kind used by him in carrying on hotel business. Also the coach, carriages, harnesses, etc., used in the livery business in connection…
1Opinion of the Court
The instrument under which the business was conducted, although called a lease, is, in so far as this accounting is concerned, a partnership agreement (Eastman v. Clark, 53 N.H. 276); for by its terms the plaintiff is to contribute to the business the use of his hotel with its furnishings, make certain specified outside repairs, and pay the taxes and insurance on the property. The defendant is to manage the business, pay for the water, ice, and electric lights, and "put into such furnishings and minor inside repairs as are absolutely necessary a sum not exceeding $500," and the net profits of…
2Cases cited1 opinion
- Eastman v. ClarkSupreme Court of New Hampshire · 1872
3Cited by1 opinion
- Lakeport National Bank v. LoringSupreme Court of New Hampshire · 1922