Canton Bridge Co. v. City of Eaton Rapids
Michigan Supreme Court
Error to Eaton; Smith, J. Assumpsit by the Canton Bridge Company against the city of Eaton Rapids to recover the amount alleged to be due upon a contract for the construction of a bridge. From a judgment for defendant on verdict directed by the court, plaintiff brings error.
1Opinion of the Court
To determine whether persons are in fact partners, we must look at their intention, and this is deducible from their declaration as to their intention, and the agreements that they make regarding the subject-matter; and, where the contract under which the business engagement is made contains the express or implied disavowal of an intention to assume the partnership relation, no partnership will be found to exist, unless such declaration is so at variance and so inconsistent with their engagement as to be irreconcilable. If the actual engagements are incompatible with the expression of…
2Cases cited10 opinions
- Beecher v. BushMichigan Supreme Court · 1881
- Donnell v. HarsheSupreme Court of Missouri · 1877
- Dwinel v. StoneSupreme Judicial Court of Maine · 1849
- McDonald v. MatneySupreme Court of Missouri · 1884
- Post v. KimberlyCourt for the Trial of Impeachments and Correction of Errors · 1812
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Commissioner of Internal Revenue v. OldsCourt of Appeals for the Sixth Circuit · 1932
- H. T. Hackney Co. v. Robert E. Lee HotelTennessee Supreme Court · 1927
- Brotherton v. GilchristMichigan Supreme Court · 1906
- Moore v. DubardMichigan Supreme Court · 1947
- Morrison v. MeisterMichigan Supreme Court · 1920
7 more not listed; retrieve them via the Exa API.