Quimbee logo
DMCA.com Protection Status
From our private database of 17,600+ case briefs...

Lupien v. Malsbenden

Supreme Judicial Court of Maine
477 A.2d 746 (1984)


Stephen Cragin, doing business as York Motor Mart, entered into a contract with Robert Lupien (plaintiff) to build a special-order automobile. Lupien paid in full but the car was never produced. Cragin disappeared soon after the contract was signed. Frederick Malsbenden (defendant) also had some involvement with York Motor Mart. He made expenditures for the business totaling $85,000, purchasing equipment and supplies and paying wages. He was to be reimbursed from the proceeds of car sales. After Cragin’s disappearance, Malsbenden had physical control of the place of business, and interacted with Lupien there personally on numerous occasions. Lupien sued Malsbenden for breach of contract, asserting that Malsbenden was a partner in York Motor Mart. Malsbenden claimed that he was simply a financial backer of the business. The trial court found that Malsbenden was a partner and held him liable on the contract. Malsbenden appealed.

Rule of Law


Holding and Reasoning (McKusick, C.J.)

What to do next…

  1. 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 457,000 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.

  2. 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 457,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 17,600 briefs, keyed to 984 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.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial