Marx v. Marx

Marx v. Marx

On the facts of this case the appellate court could properly infer that the husband and wife were carrying on the bakery business in common with a view to profit; the Appellate Division's factual inference of partnership was supportable and the Supreme Court (majority) dismissed the husband's appeal, affirming the declaration of partnership.

Citation
[1964] SCR 653
Parties
Defendant/appellant: Gunther Friedrich Hugo Marx; Plaintiff/respondent: Margareta Gertrud Marx
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
7 October 1964
Procedural Posture
Appeal (contract/partnership) / On Appeal to the Supreme Court of Canada From the Appellate Division of the Supreme Court of Alberta
Outcome
Appeal dismissed (majority); declaration of partnership affirmed; Judson J. dissenting
Legal Topics
Partnership Formation, Inference of Partnership From Conduct, Husband and Wife Business Relationships, Partnership Act S.2(c)
Source Language
English
Contract Partnership Family Law Partnership Formation Inference of Partnership From Conduct Husband and Wife Business Relationships Partnership Act S.2(c)

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Gunther Friedrich Hugo Marx

Defendant/appellant

Margareta Gertrud Marx

Plaintiff/respondent

Procedural Posture

Appeal (contract/partnership) / On Appeal to the Supreme Court of Canada From the Appellate Division of the Supreme Court of Alberta

Legal Issues

  1. 1 Whether the wife was an equal partner in the bakery business
  2. 2 Whether the elements of a partnership under s.2(c) of the Partnership Act were present
  3. 3 Whether partnership can be inferred from the parties' conduct despite their marital relationship

Ratio Decidendi

On the facts of this case the appellate court could properly infer that the husband and wife were carrying on the bakery business in common with a view to profit; the Appellate Division's factual inference of partnership was supportable and the Supreme Court (majority) dismissed the husband's appeal, affirming the declaration of partnership.

Court Disposition

Appeal dismissed (majority); declaration of partnership affirmed; Judson J. dissenting

Orders

  • Appeal dismissed with costs
  • Declaration that the respondent (wife) was an equal partner in the Bowness Bakery Co.