Hanrahan v. Freeman
Montana Supreme Court
Appeal from District Court, Lewis and Clarh Coimty; J. M. Clements, Judge. Action by J. C. Hanrahan and others against Allie M. Freeman and others. From a judgment in favor of plaintiffs, defendants appeal. One wbo deals with a member of a nontrading partnership has the burden of proving that the contracting partner had authority to enter therein.
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Appeal from District Court, Lewis and Clarh Coimty; J. M. Clements, Judge. Action by J. C. Hanrahan and others against Allie M. Freeman and others. From a judgment in favor of plaintiffs, defendants appeal. One wbo deals with a member of a nontrading partnership has the burden of proving that the contracting partner had authority to enter therein. (Cavanaugh v. Salisbury, 22 Utah, 465, 63 Pae. 39.) A partner in a nontrading partnership has prima facie no authority to bind the firm or another partner in a transaction not within the scope of the partnership business, and he who seeks to hold…
1Opinion of the CourtJustice Smith
Action to recover the sum of $354.76 for goods, wares and merchandise alleged to have been sold and delivered to Mrs. Allie M. Freeman and A. W. Ide, as copartners.
It appears from the testimony that Mrs. Freeman and Ide entered into a written agreement, by the terms of which Mrs. Freeman was - to deliver to Ide a certain number of Angora goats, of which she was the owner. It was expressly stipulated that the title to said goats should remain in her, and that nothing in the contracts should be construed as creating a partnership, except as to goats taken from third parties for care and…
2Cited by3 opinions
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