PEARCE & Another v. HAM

Citations

• 113 U.S. 585

Syllabus

<p>;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, It assigned the contract to P and H as partners with équal interests. P' and H 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 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.</p>