Osius v. Hinchman

• Decision Date: 06 January 1908
• Parties: OSIUS v. HINCHMAN.
• Court: Michigan Supreme Court

150 Mich. 603
114 N.W. 402

OSIUS
v.
HINCHMAN.

Supreme Court of Michigan.

Jan. 6, 1908.

Appeal from Circuit Court, Muskegon County, in Chancery; Clarence W. Sessions, Judge.

Suit by Frederick Osius against Frank B. Hinchman. From a decree for complainant, defendant appeals. Reversed, and decree of dismissal entered.

Argued before McALVAY, C. J., and CARPENTER, GRANT, HOOKER, and MOORE JJ.

[114 N.W. 403]

Nims, Hoyt, Erwin & Vanderwerp, for appellant.

Cross, Lovelace & Ross (Richard L. Newnham, of counsel), for appellee.

McALVAY, C. J.

Complainant's assignor, a firm composed of himself and others, which was engaged in the business of general dentistry in several cities in Michigan, including the city of Muskegon, on July 2, 1904, entered into the following agreement in writing with the defendant, who was a practicing dentist: ‘Memorandum of agreement, made and entered into this 2d day of July, A. D. 1904, by and between the Gratiot Dental Company, a co-partnership of and with its head and main office at Detroit, Michigan, party of the first part, and Dr. F. Hinchman, of Port Huron, party of the second part. Whereas, said party was and now is organized for and is now engaged in the business of general dentistry, with the object and purpose of establishing dental offices in various cities in the several counties throughout the state of Michigan, and, whereas, said first party by experience and diligent study in and through the science of dentistry is using modern methods by means of which it is enabled to do, perform and execute the work of general dentistry superior to in point of durability, workmanship and appearance to other dental establishments that follow the old methods and use the heretofore usual or ordinary dental material and supplies, and, whereas, said first party, being desirous of protecting itself in securing and maintaining the exclusive use of the above mentioned new discovered methods of doing business, hereby enters into the following contract of agreement by and with said second party as follows: Said first party, for and in consideration of the fulfillment of the agreements, promises and engagements of said second party, hereby agrees to employ and does employ said second party, to perform the work and professional services of general dentistry at Muskegon, in Michigan, and hereby agrees to pay second party, a salary of and at the rate of twenty-five dollars per week so long as second party's services and deportment is satisfactory to said...