42 Wis. 85 | Wis. | 1877
We are inclined to bold that tbe agreement dated 17tb of October, 1871, which was offered in evidence, constituted tbe parties to it partners inter sese in tbe logging adventure. There are doubtless expressions in tbe contract which militate against tbis construction; but, looking at tbe whole instrument, we think tbis tbe better and more reasonable interpretation to place upon it. Tbe learned counsel for Hyde and Hewitt insists that tbe contract does not make bis clients partners with tbe other defendants, but only gives each party a share of tbe profits, if any, as compensation for capital or services, which, be says, does not necessarily constitute a partnership. And he suggests various considerations and inferences drawn from tbe agreement, in support of that view. But there are several clauses which negative tbis construction.' Hedges, Garfield and Warwick agreed to take charge of tbe logging camps of Hyde and Hewitt, to be started at such points in Shawano county as the latter should direct; hire men to run the same; cut, haul, bank, and run to Oshkosh, all the pine logs they could get out during the coming fall and winter, and “ do all said work in a good and suitable manner, and for the best interests of all the parties hereto.” Hyde and Hewitt agreed to pay the stumpage upon all the logs so cut; pay for all hired help, teams and supplies necessary for getting outrunning and booming the logs; and
' The agreement in this case may not be essentially different from the contract before the court in Braley v. Goddard, 49 Me., 115, which was held not to constitute a partnership between the parties. There the plaintiff had not the unqualified, right to dispose of that portion of the lumber belonging to him by the contract, after all prior claims were dischai’ged,
On the other appeal, we think the court was right in deducting from the plaintiffs’ bill the amount of supplies furnished to run the McCord logs. That was a matter entirely outside the scope of the partnership business. The goods were not charged to the partnership, nor does it appear that they were sold on the faith and credit of the partnership agreement, which the plaintiffs had examined. Hyde and Hewitt had not agreed to pay for supplies furnished to run any logs except those got out under the contract. They had nothing whatever to do with the McCord logs; and we fail to perceive upon what principle it can be successfully claimed that, they are liable to pay for supplies furnished for running them.
By the 0ourt. --Those portions of the judgment appealed from in each case are affirmed.