Facit-Addo, Inc. v. Davis Financial Corp.

OPINION

Richard M. DAVIS, Judge, Pro Tern.

The appellee Facit-Addo, Inc. commenced this action against the appellant Davis Financial Corporation and another corporation, Business Communications Equipment, Inc., to recover the price of 93 business machines shipped to an alleged partnership consisting of the two defendants. Appellee moved for summary judgment contending, inter alia, that appellant was liable as a “partner by estoppel” pursuant to the common-law rule embodied in A.R.S. § 29-216. The trial judge agreed with this theory and rendered a summary judgment for appellee which included a…