Question

Thomas Bartomeli decided to leave his employment to join his brother Raymond full-time in a small construction company. The brothers each contributed individual assets to the company and worked together to acquire equipment with both signing notes jointly to acquire certain equipment. Thomas considered himself a partner in the company; Raymond often referred to Thomas as his partner. It was the practice of the company to garage the equipment at Thomas's house. In 1983, the company was incorporated, but Thomas never held any shares in the company. On several occasions, Thomas's careless operation of equipment resulted in loss or damage to the company. Raymond became dissatisfied with Thomas's work performance, and on January 17, 1991, Thomas was removed as secretary of the corporation.
On April 19, 1991, Thomas went to the company office and demanded a blank check from the secretary. Raymond found out about this demand and fired him. On April 20, 1991, Thomas demanded from Raymond either 50 percent of the company or certain equipment owned by the company. On April 22, 1991, Thomas was removed as vice president of the company. Raymond attempted to reach an agreement with Thomas on a division of company assets at that point but was not successful. Thereafter, Thomas sued his brother, alleging that Raymond had breached the brothers’ contract of partnership. Because the company was a corporation, is it legally inconsistent for Thomas to contend that there was a contract for partnership in the company? How would you decide this case? [Bartomeli v. Bartomeli, 783 A.2d 1050 (Ct. App.)]



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  • CreatedJune 06, 2014
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