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Corporations Keyed to Hazen
National Biscuit Company, Inc. v. Stroud
Citation:106 S.E.2d 692 (1959)
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 agreed statement of facts to indicate or suggest 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 business. Certainly, 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, it, at the request of Freeman, sold and delivered bread in the amount of $171.04 to Stroud’s Food Center.
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