Business Law / Brief of Case 3 - Essay Example

Brief of Case 3 Case: David G. Byker v. Thomas J. Mannes, 641 N.W.2d 210 (2002) Procedure: Plaintiff, David Byker filed suit for the recovery of money lost in a partnership with defendant. Defendant is Thomas Mannes. Defendant won trial in the Court of Appeals. Plaintiff appealed to the Supreme Court of Michigan. Facts: {David Byker} was an accountant for defendant until they ventured in real estate business together. They engaged in multiple enterprises, agreeing to share all profits, losses, and expenses.

To facilitate limited partnership investment, they created separate entities becoming general partners/ shareholders. The parties pursued several enterprises, M &B Properties ltd, JTD Properties, Pier 1000 ltd and BMW Properties, having ownerships of 50, 662/3, 662/3, and 662/3 percentages respectively. Deterioration of the relationship began soon after Pier 1000 Ltd that managed a marina. Profits from M&B Ltd were placed to solve financial difficulties in the company. Defendant refused to make further monetary contributions, though plaintiff continued making loans and went into debt on behalf of Pier 1000 Ltd.

The marina was returned to previous owner, and the relationship ceased. On approach by the plaintiff to equalize payments, defendant testified never to have been informed regarding further expenses. Issue: Whether the Court of Appeal correctly found for Plaintiff?Decision: Reversed and Remanded Holding: According to the Michigan Uniform Partnership Act (UPA), a partnership is an association of two or more persons to carry on as co-owners of a business for profit. Rationale: If the defendant and the plaintiff indulged in several business ventures together, whether subjectively intending to be collaborates or not, they constituted a partnership.

Work CitedCallison, J. William, and Maureen A. Sullivan. Partnership Law and Practice: General and Limited Partnerships. West, 2012.