Clint and Paige Crumley lived on a dairy farm in Hand County, South Dakota. In August 2007,
Question:
Clint and Paige Crumley lived on a dairy farm in Hand County, South Dakota. In August 2007, Clint purchased a herd of dairy cows from James McGregor. When McGregor delivered the dairy cows to Clint’s farm, Paige handed McGregor a check for payment. While at Clint’s farm, McGregor observed Paige working with the dairy cows on the farm.
In September 2007, Clint entered into an oral contract with McGregor about purchasing 25 more dairy cows. Clint then returned 8 cows that were substandard. McGregor then prepared a bill for the 17 cows, which listed the purchasers as Clint and Paige Crumley. When the bill was not paid, McGregor sued both Clint and Paige. Paige was not present at trial, did not testify, and was not called as a witness by either McGregor or Clint. Clint made no admission at trial that Paige was a partner in the dairy operation. Rather, Clint’s testimony was that he had entered into the business on his own and that he was solely responsible for the debts incurred in the business. Clint also testified that it was him, not Paige, who made the decision to purchase the first herd from McGregor as well as the second herd over which the dispute occurred. Should the Court allow McGregor to sue Paige? Is there enough evidence to conclude that Paige is a purported partner in the dairy operation?
Step by Step Answer:
Business Law The Ethical Global and E-Commerce Environment
ISBN: 978-1259917110
17th edition
Authors: Arlen Langvardt, A. James Barnes, Jamie Darin Prenkert, Martin A. McCrory