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Business Organizations Keyed to Macey
National Biscuit Co. v. Stroud
Citation:
106 S.E.2d 692Facts
C.N. Stroud and Earl Freeman entered into a general partnership to sell groceries under the firm name of Stroud’s Food Center. There is nothing in the facts to indicate that Freeman’s power and authority as a general partner were in any way restricted or limited by the articles of partnership in respect to the ordinary and legitimate business of the partnership. The purchase and sale of bread were ordinary and legitimate business of Stroud’s Food Center during its continuance as a going concern. Stroud advised plaintiff that he personally would not be responsible for any additional bread sold by plaintiff to Stroud’s Food Center. After such notice to plaintiff, it, at the request of Freeman, sold and delivered bread to Stroud’s Food Center.
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Topic Resources
Topic Outline
PartnershipTopic Refresher Course
Third Party Rights and ObligationsTopic Charts & Notes
Parties Chart