From our private database of 13,300+ case briefs...
Byker v. Mannes
Michigan Supreme Court
641 N.W.2d 210 (2002)
David Byker (plaintiff) and Tom Mannes (defendant) agreed to undertake various business activities together. They did not enter into a formal agreement. The two jointly served as general partners or shareholders in various entities and agreed to share equally in all profits and losses. When one of their entities began to struggle, Byker and Mannes funneled cash from their other entities into it and also made personal contributions to the company. Mannes ultimately refused to contribute more money, but Byker continued without him. Eventually, all their common ventures ceased. Byker asked Mannes for equalizing payments, to equalize their losses from the enterprises. Mannes refused. Byker sued Mannes to recover the money, arguing that there was a general partnership underlying all of their business activities. Mannes contended that they had never actually intended to become partners. The trial court found in favor of Byker. The appellate court reversed, holding that subjective intent to form a partnership was required for a partnership to be implied under Michigan law. Byker appealed.
Rule of Law
Holding and Reasoning (Markman, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 136,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,300 briefs, keyed to 182 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.