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Business Planning Keyed to Gevurtz
Summers v. Dooley
Citation:
94 Idaho 87 (1971), 481 P.2d 318 (1971)Facts
John Summers and E.A. Dooley formed a partnership in 1958 to operate a trash collection business. The business was initially operated by the two men, 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, stating he did not feel additional labor was necessary. Despite this objection, Summers unilaterally hired a third employee and paid him from his personal funds. When Dooley discovered this, he objected and refused to pay for the new employee from partnership funds. Summers continued to employ the third man and in October 1967 filed suit against Dooley seeking $6,000 in reimbursement, claiming he had paid over $11,000 in expenses without reimbursement from either the partnership or Dooley.
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