Peter L. Battista, Jr. v. Lebanon Trotting Association, and John J. Carlo, Peter L. Battista, Jr. v. Lebanon Trotting Association, and John J. Carlo

WEICK, Circuit Judge.

In this diversity case, governed by Ohio law, the principal question of law for us to decide is whether a partner can be held individually liable for the alleged tortious breach of a partnership contract when the partnership itself was held not liable for the breach of such contract.

The partnership, Lebanon Trotting Association (Lebanon), had entered into a written contract with Peter L. Battista, Jr. (Battista) in 1967, whereby it granted to Battista the concession to compile, produce, and sell programs for the racing events held at the harness horse racing meets…