Business Associations Keyed to Hamilton
Singer v. Singer
Facts
The family partnership as well as other partnership contracts of Josaline (P) Production Co. allow its partners to enter into transactions for his or her own separate individual account without the other partners entitled to a claim. At a partnership meeting, an investment opportunity to purchase land with minerals on it was raised, but then deferred. After the meeting, siblings Stanley Singer (D) and Andrea Singer (D) purchased the land through another company without consultation with of the other Josaline (P) partners. Joe Singer (P) who had initially presented the opportunity, demanded to be permitted to buy 50% of the property. Joe Singer (P) was refused, so he and Josaline Production Co. (P) brought suit against Stanley (D) and Andrea Singer (D) claiming breach of fiduciary duty and entitlement to participate in the investment. The trial court ruled in favor of Josaline (P) and ordered that the property be held in a constructive trust for Josaline (P). The appellate court allowed the appeal.
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