Landyskowski v. Lark
Michigan Supreme Court
Error to Wayne; Donovan, J. Assumpsit by Martin Landyskowski against Frank Lark and others for the breach of a building contract. From a judgment for plaintiff, defendants bring error. June 16, 1890, the plaintiff entered into a contract with the defendants for the construction of a new schoolhouse, chapel, and parochial residence for the new parish of St. Francis, in the city of Detroit.
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Error to Wayne; Donovan, J. Assumpsit by Martin Landyskowski against Frank Lark and others for the breach of a building contract. From a judgment for plaintiff, defendants bring error. June 16, 1890, the plaintiff entered into a contract with the defendants for the construction of a new schoolhouse, chapel, and parochial residence for the new parish of St. Francis, in the city of Detroit. That part of the contract which determines the capacity in which the defendants executed it, namely, whether as agents merely or as principals, is as follows: “Agreement for building, made this 16th day of…
1Opinion of the CourtGrant, J.
(after stating'the facts). 1. It is contended on behalf of the defendants that they were simply *502agents, acting for Bishop Foley, their principal, and therefore they cannot be held liable. We are not favored with any brief on the part of the appellee, but infer that his position is that the contract was a personal one with the defendants, and that there was no intention to bind others than themselves. We think it clear that the defendants made themselves personally liable upon this contract. We are not concerned with the reasons for not making the bishop a party to the contract. The contract…
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