25 N.W. 776 | Iowa | 1885
The plaintiff and defendant Waynick were partners, engaged in the retail grocery business at Harlan. The plaintiff resided at Corning, and was occasionally at Harlan, and had some personal knowledge of the business. On the second day of February, 1884, the defendant Waynick sold the goods, wares and merchandise, and all partnership property, to the appellant, Kestler, for the sum of $3,000. This sale was made without the knowledge or consent of the plaintiff, and he and the partnership creditors ask that it be set aside on the ground that it was fraudulent, and because the defendant Waynick did not have power and authority to make it. There is some evidence which has a tendency to establish the fraudulent character of the sale, but we shall not refer more particularly thereto, for the reason that we are of the opinion that the sale must be set aside upon the other ground.
It is said there is some conflict of authority as to the power of one partner, without the knowledge or consent of his copartner, to sell or assign all the partnership property. Conceding this to be so, such question must be regarded as settled in this state. It was held inLoeb v. Pierpoint,
AFFIRMED.
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