Stone-Fox, Inc. v. Vandehey Development Co.

*781TONGUE, J.

This is a suit for specific performance of an earnest money agreement to sell a tract of land. Plaintiff contends that Vernon Vandehey and Jack Leonard were partners for the purpose of the development and sale of that tract of land and that, as such, the act of Mr. Vandehey in signing that agreement was binding upon Mr. Leonard even though he did not sign the agreement.

The trial court held for the defendants based upon findings (1) that the evidence was insufficient to establish a partnership; (2) that an oral statement by Mr. Vandehey that he had authority to sell the property was…