Showing posts with label 481 P.2d 318 (1971). Show all posts
Showing posts with label 481 P.2d 318 (1971). Show all posts

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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