Deutschman v. Dwyer
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on October 8, 1914, for an accounting by the defendant Dwyer as a copartner of the plaintiff in the business of selling and dealing in cigars, tobacco and confectionery at the refectory building in Franklin Park in Boston. In the Superior Court the case was heard by Jenney, J., who made the following findings of fact and an order for an interlocutory decree.
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Bill in equity, filed in the Superior Court on October 8, 1914, for an accounting by the defendant Dwyer as a copartner of the plaintiff in the business of selling and dealing in cigars, tobacco and confectionery at the refectory building in Franklin Park in Boston. In the Superior Court the case was heard by Jenney, J., who made the following findings of fact and an order for an interlocutory decree. “The plaintiff and William F. Dwyer, hereinafter called the defendant,* agreed to enter into a partnership for carrying on the refectory at Franklin Park. As a part of that agreement it was…
1Opinion of the CourtBraley, J.
The admissions in the answer coupled with the evidence amply sustain the finding of the presiding judge that the parties entered into a parol agreement which constituted a partnership as alleged in the bill. McMurtrie v. Guiler, 183 Mass. 451.
It is plain from its terms that, unless the refectory building in Franklin Park where the business of the firm was to be carried on could be leased, the partnership had no reason for its existence. The very life of the enterprise was understood by each partner as dependent upon the procurement from the owner, the city of Boston, of a concession or lease.…
2Cases cited6 opinions
- McMurtrie v. GuilerMassachusetts Supreme Judicial Court · 1903
- Eastern Bridge & Structural Co. v. Worcester Auditorium Co.Massachusetts Supreme Judicial Court · 1914
- Lurie v. PinanskiMassachusetts Supreme Judicial Court · 1913
- Freeman v. FreemanMassachusetts Supreme Judicial Court · 1884
- Wiggins v. BrandMassachusetts Supreme Judicial Court · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Rosenblum v. Springfield Produce Brokerage Co.Massachusetts Supreme Judicial Court · 1922
- Nelson v. BaileyMassachusetts Supreme Judicial Court · 1939
- Lindsay v. SwiftMassachusetts Supreme Judicial Court · 1918
- Beacon Oil Co. v. ManiatisMassachusetts Supreme Judicial Court · 1933
- Shelley v. SmithMassachusetts Supreme Judicial Court · 1930
3 more not listed; retrieve them via the Exa API.