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Corporations Keyed to Rhee
Gateway Potato Sales v. G.B. Investment Co.
Citation:
822 P.2d 490 (Ariz. App. 1991)Facts
Sunworth Corporation and G.B. Investment formed Sunworth Packing for the purpose of engaging in potato farming in Arizona. The limited partnership certificate specified Sunworth Corporation as the general partner and G.B. Investment Company as the limited partner. In 1985, Robert C. Ellsworth, the president of Sunworth Corporation, called Robert Pribula, the owner of Gateway, to see if Gateway would supply Sunworth Packing with seed potatoes. Pribula entered into an agreement and while supplying the seed potatoes, Pribula believed he was doing business with a general partnership. All of Gateway’s dealings were with Ellsworth. Pribula did not contact G.B. Investment prior to the selling. G.B. Investment testified that it had exerted no control over the daily management and operation of the limited partnership, Sunworth Packing.
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