P. Hoffmaster Sons Co. v. Hodges
Michigan Supreme Court
Error to Calboun; North, J. Assumpsit by P. Hoffmaster Sons Company, Limited, against Carlton A. Hodges and Prank E. Halladay, co-partners as Hodges & Halladay, for goods sold and delivered. There was judgment for plaintiff, and defendants bring error.
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Error to Calboun; North, J. Assumpsit by P. Hoffmaster Sons Company, Limited, against Carlton A. Hodges and Prank E. Halladay, co-partners as Hodges & Halladay, for goods sold and delivered. There was judgment for plaintiff, and defendants bring error. Plaintiff, a mercantile partnership association, brought suit in justice’s court against the defendants to recover a balance due for goods sold and delivered, and recovered a judgment for $157.20. On appeal to the circuit court the plaintiff again recovered a like judgment. The account began April 18, 1899, and continued until September 18,…
1Opinion of the CourtGrant, C. J.
(after stating the facts). The following issues of fact were submitted to the jury:(1) Were the defendants actual partners ?(2) If not, did defendant Halladay hold himself out as a partner ?(3) Did defendant Halladay verbally promise to pay for the goods if defendant Hodges did not, and thus bring the case within the statute of frauds ?(4) Were the goods purchased within the scope of the partnership business ?(5) If they were not, was the purchase ratified by the defendants ?(6) Was there an account stated ?
The court might with propriety have eliminated the first three issues from the…
2Cases cited4 opinions
- Pabst Brewing Co. v. LuedersMichigan Supreme Court · 1895
- Armitage v. SaundersMichigan Supreme Court · 1893
- Raub v. NisbettMichigan Supreme Court · 1898
- Kritzer v. SweetMichigan Supreme Court · 1885
3Cited by2 opinions
- Shambleau v. HoytMichigan Supreme Court · 1933
- Boise Payette Lumber Co. v. SarretIdaho Supreme Court · 1923