Chamberlain v. Dow
Michigan Supreme Court
Error to Genesee Circuit. The action was brought hy Dow & Fowler against Chamberlain & Thomas to recover the price of a threshing machine.
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Error to Genesee Circuit. The action was brought hy Dow & Fowler against Chamberlain & Thomas to recover the price of a threshing machine. On the trial in the Court below, the plaintiffs gave in evidence that they, residing and doing business in the State of New York, were partners in the manufacture and sale of threshing machines in the year 1858 ; that Daniel McKercher was then their agent, residing near the city of Flint, Michigan, for the sale of their threshing machines: that in June, 1858, said agent made a bargain Verbally with said defendants, by which said McKercher, for plaintiffs,…
1Opinion of the Court
Manning J.:
As joint contractors merely, or as partners, if they were such, the agreement was not binding on Chamberlain and Thomas or either of them, as it was not in writing, and the price of the machine exceeded fifty dollars. The judge charged that if they purchased the machine in company, the receipt of it' afterwards by Thomas took the case out of the Statute of Frauds. By company, we understand the charge of the Court as saying together, or as joint contractors, and not as partners. As joint purchasers neither had power to bind the other by subsequently accepting the machine.
As to…
2Cited by10 opinions
- Barton v. GrayMichigan Supreme Court · 1885
- Wardell v. WilliamsMichigan Supreme Court · 1886
- In re Williams' EstateMichigan Supreme Court · 1895
- Raub v. SmithMichigan Supreme Court · 1886
- Thorbahn v. Walker's EstateMichigan Supreme Court · 1934
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