Case Summary 14.1: Conklin v. Holland (p. 428)

Facts:Lewis and Holland bought a rundown home in Memphis, Tennessee, to renovate and then sell for a profit.The two agreed that Lewis would live in the house during the renovations.In this time period, twenty-year-old Amanda Conklin visited the house where Lewis provided her with alcohol and illicit drugs.As a result of the use of this combination, Conklin died.Lewis attempted to conceal the death by placing her in the car in the garage of the home under construction.Police discovered Conklin's body a month and half later and arrested Lewis.Conklin's estate sued Holland for civil damages related to Conklin's death under the theory that Holland and Lewis were partners in the co-ownership of the property and as Lewis's partner Holland is liable for whatever Lewis does upon the land they co-owned as general partners.

1. Was there a partnership?

2. What was the partnership formed to do?

3. As a practical matter, why would the Conklins sue Holland instead of Lewis for partnership liability?