National Biscuit v. Stroud: Difference between revisions
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{{Infobox Case Brief | {{Infobox Case Brief | ||
| court | |court= | ||
| citation | |citation= | ||
|subject=Business Associations | |||
| subject | |appealed_from= | ||
| appealed_from | |case_treatment=No | ||
| | |overturned= | ||
| | |partially_overturned= | ||
| | |reaffirmed= | ||
| | |questioned= | ||
| | |criticized= | ||
| | |distinguished= | ||
| | |cited= | ||
| | |followed= | ||
| | |related= | ||
| | |facts=Stroud and Freeman were partners in a grocery store. Stroud told NB that he would personally not be responsible for any additional bread sold by NB to grocery store. Thereafter, Freeman ordered bread from NB to sell in grocery store. | ||
| | |procedural_history= | ||
| | |issues=Is Stroud liable for purchase? | ||
| | |arguments= | ||
| | |holding=Yes | ||
|judgment= | |||
|reasons=What Stroud's partner does he is also responsible for. Every partner is an agent for the partnership, for apparently carrying on in the usual way the business of the partnerhip, unless the one acting has in fact no authority to conduct such business, and the 3d party is aware that he has no such authority. | |||
|rule= | |||
|comments= | |||
|case_text_links= | |||
|Court_opinion_parts= | |||
}} | }} | ||
Revision as of 01:09, September 17, 2020
National Biscuit v. Stroud | |
Court | |
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Citation | |
Date decided |
Facts
Stroud and Freeman were partners in a grocery store. Stroud told NB that he would personally not be responsible for any additional bread sold by NB to grocery store. Thereafter, Freeman ordered bread from NB to sell in grocery store.
Issues
Is Stroud liable for purchase?
Holding
Yes
Reasons
What Stroud's partner does he is also responsible for. Every partner is an agent for the partnership, for apparently carrying on in the usual way the business of the partnerhip, unless the one acting has in fact no authority to conduct such business, and the 3d party is aware that he has no such authority.