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Business Assoctiations Keyed to Gabalson, 3rd Ed.
Summers v. Dooley
Citation:
94 Idaho 87 (1971), 481 P.2d 318 (1971)Facts
In 1958, John Summers and E.A. Dooley formed a partnership to operate a trash collection business. The two men operated the business themselves, with each partner providing a replacement at his own expense when unable to work. In 1962, Dooley became unable to work and hired an employee at his own expense to take his place. In July 1966, Summers approached Dooley about hiring an additional employee, but Dooley refused. Despite this objection, Summers hired the additional employee and paid him from his own funds. Dooley continued to object, stating that additional labor was unnecessary, and refused to authorize payment from partnership funds. By October 1967, Summers had paid over $11,000 for the additional employee and filed suit seeking $6,000 in reimbursement.
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