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BYKER v. MANNES

Docket No. 116380, Calendar No. 6.

641 N.W.2d 210 (2002)

465 Mich. 637

David G. BYKER, Plaintiff-Appellant, v. Thomas J. MANNES, Defendant-Appellee.

Supreme Court of Michigan.

Decided March 26, 2002.

Attorney(s) appearing for the Case

Smith, Haughey, Rice & Roegge (by Jon D. Vander Ploeg), Grand Rapids, MI, for plaintiff-appellant.

Kooistra & Dantuma (by Ronald J. Kooistra and Michael S. Dantuma) Wyoming, MI, for defendant-appellee.

Opinion

MARKMAN, J.

This Court granted leave in this case to consider whether Michigan partnership law, M.C.L. § 449.6(1), requires a subjective intent to form a partnership or merely an intent to carry on, as co-owners, a business for profit. The trial court found that a partnership is formed by persons whose intent is to carry on as co-owners a business for profit, regardless of their subjective intention to be partners. On the basis of this definition...

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