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CASE 3 Harold Green and Herbert Green, who were unrelated proprietor, under the name Green Delivery, and persons with the same surname, carried on
CASE 3 Harold Green and Herbert Green, who were unrelated proprietor, under the name Green Delivery, and persons with the same surname, carried on parcel deliv- on business from the same warehouse builn@ ery businesses in the same city. Each operated as a sole two men were good friends. They frequentw assisted other by carrying parcels for the Other in deliver each outlying parts of the city. To complicate matters the two proprietors would Sometimes use the further' k owned by the other when their own vehicles had breakdowns or required service. Apart from the fact that each had a different telephone number, it was ble to distinguish between the two firms. Over B, regular customers often referred to the two firms collectively as "Green Brothers Delivery" even though two men were not related to each other. Fiona, an antique dealer who frequently used the delivery services of both men, requested Harold Green to deliver an expensive antique chair to her country CASE 4 Williams, Oxford, Ogilvie, and Lennox carried on busi- ness in partnership for many years as wool merchants. The widespread use of synthetic materials, however, adversely affected the fortunes of the business. Eventually the partners found that the business could no longer be carried on at a profit. Before anything could be done to sell the business, Lennox became insolvent. It was then necessary to wind up the business in accor- dance with the partnership agreement The partnership agreement provided that the par- ties share losses and profits equally. On dissolution, the capital accounts of the partners were as follows: home. Harold Green, at the time of the request for pickup. advised Fiona that he would send his truck out to pick up the chair. However, Herbert Green picked up the chair at Fiona's place of business and took it to the warehouse for delivery. That day a fire Of unknown Origin destroyed the warehouse and its contents. The charred remains Of the chair were found in the jointly used part Of the warehouse after the fire. The chair had a value of $3,000. Each of the Bole proprietors denied liability for the loss. Advise Fiona as to how she might proceed in this case. Williams Oxford Ogilvie Lennox $50,000 930000 $20000 Creditors' claims at dissolution amounted to $350,000, whereas the total assets of the firm were 9250000. Explain the nature of the liability of the firm. Calculate the liability of each of the partners as between themselves with respect to creditor claims.
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