Pearce v. Ham
113 U.S. 585 (1885)

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U.S. Supreme Court

Pearce v. Ham, 113 U.S. 585 (1885)

Pearce v. Ham

Submitted January 9, 1885

Decided March 2, 1885

113 U.S. 585

Syllabus

F contracted with a county to construct a public building, and gave bond with K as surety for the performance of the contract. F abandoned the contract. After procuring some modifications in it at request of H, K assigned the contract to P and H as partners with equal interests. P and A agreed with W to construct the building. H then left the vicinity and engaged in other work elsewhere. W constructed the building. K received the compensation under the original contract, paid W in full

Page 113 U. S. 586

for the work done by him, and divided the profits with P, claiming to be partner. Held that H could recover one-half of the profits from P and from K.

The facts which make the case are stated in the opinion of the Court.

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