224 Mich. 75 | Mich. | 1923
The constructing of certain concrete highway was sublet to defendant Kleiser. He, defendant Hoel and plaintiff Starr on June 80, 1921j; entered into a written agreement to do the work. Kleiser was to pay in $4,000, Hoel $3,000, and Starr $3,000, as capital. . The capital was to be treated as a loan and interest paid thereon. The amounts were to be paid over before July 7th following. Starr was to devote his time to the work as foreman and manager. Kleiser was to devote a part of his time as general manager. Hoel was to do certain clerical work. Starr and Kleiser were to and did receive a weekly compensation. The profits were to be divided, 3/11 to Hoel, 3/11 to Starr and 5/11 to Kleiser. Within the time Kleiser paid in $3,500, Hoel $3,000, and plaintiff Starr nothing. Starr was attempting to borrow the money. Tucker, a business associate of Hoel, tried to aid by borrowing for Starr. The bank refused to loan for the reasons that the loan was not for Tucker personally but for another, and that funds were scarce. Starr’s efforts with Tucker continued for some time without result until finally Starr was told by Hoel that Tucker would not get the money. Kleiser complained of Starr’s failure and delay. Funds were needed to pay bills and to take discounts. From time to time Kleiser borrowed, on the faith of the contract for construction it seems, considerable amounts of money. Finally about the middle of a week, latei in July, he told Starr that bills for material would be due the first of the week following, that funds must be found to meet them and that Starr must determine by the Saturday following whether he would pay or not. Starr went at once in search of the money, arriving finally at the home of his father
The contract was completed. Bills and loans were paid. The capital páyments were returned with interest including $1,500 and interest to Tucker, and $1,500 and interest to Starr. The profits, $9,020, were divided and paid, 5/11 to Kleiser, 3/11 to Hoel, 3/22 to Tucker and 3/22 to Starr. There also remained on hand tools and equipment of a value since agreed upon,