Business Associations Keyed to Hamilton
Summers v. Dooley
Facts
Summers (P) and Dooley (D) had a partnership in trash collection. Both men operated the business personally. When one of them was unable to work, the non-working partner hired a replacement at this own expense. Dooley (D) could not work, so Summers (P) at his own expense hired a replacement for Dooley (D) Four years later, Summers (P) wanted to hire another employee, but Dooley (D) refused. Without Dooley (D), Summers (P) hired another person and paid that person out of pocket. Dooley (D) refused to pay for this person out of partnership funds. Summers (P) filed an action against Dooley (D) for reimbursement of the $11,000 used to hire the new person. Summers (P) also kept the new person employed. Dooley (D) argues that Summers (P) should not be reimbursed since the majority of partners did not agree to the hiring. The trail court denied Summers’ (P) claim, and he filed an appeal.
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