SUMMERS V. DOOLEY 94 Idaho 87, 481 P.2d 318 (1971) CASE BRIEF

SUMMERS V. DOOLEY

94 Idaho 87, 481 P.2d 318 (1971)

NATURE OF THE CASE: Summers (P) an equal partner in a trash collection business, appealed a judgment of the trial court, which granted him only partial relief on his claims for reimbursement of costs he incurred by employing a third man to work for the partnership. P had brought suit against defendant co-partner pursuant to the Uniform Partnership Law, Idaho Code 53-101 et seq.

FACTS: P entered into a partnership with Doodley (D) for the purposes of operation a trash collection business. When one of the partners was unable to work, he had to provide a replacement. In July 1966, P approached D regarding the hiring of another man and D refused. Nevertheless, P hired a person and paid him out of his pocket. Upon discovery of this action, D again voiced his objection. P continued to operate using the third man till 10/1967, then instituted this action. He claims that D owes him $6,000, for the $11,000 in expenses incurred by hiring of another man.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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