Herrera v. A. D. Fulton Construction Co.

In view of the trial court’s finding that the claimant and Kemper held themselves out to be partners, I am unable to concur in the court’s opinion.

I think it elementary that parties who hold themselves out as partners are estopped to deny the existence of a partnership as against third persons who deal with them in reliance on their apparent relationship, and such is true even though there is in fact no true or legal partnership between the ostensible partners. (40 Am. Jur., Partnership, §§71, 72, pp. 178-180.) In 68 C. J. S., Partnership, § 32, p. 457, the rule is stated in this wise:

“Any…