using TEXAS BUSINESS ORGANIZATIONS CODE

SUBCHAPTER B. NATURE AND CREATION OF PARTNERSHIP

Sec. 152.051. PARTNERSHIP DEFINED. brief the case

We represent Teve Torbes (Torbes) in a suit--still pending--against Debbie Downer (Downer). We are seeking to uphold the agreement that was entered into by both parties on or about Jan. 1, 2022. The facts are as follows: On Jan. 1, Downer approached our client, Torbes, and asked whether he was willing to "partner" up with her and open Froyum Yogurt Hause (Froyum) in McAllen, Texas. Their agreement called for Torbes fronting up approximately $50,000 with an expectation of 25% of all the profits. Torbesconcerned that Downer would not uphold her part of the bargainrequested that the parties put the terms of the agreement in writing. See Agreement. The writing was simple and to the point. It called for the parties to sell yogurt and other treats in north McAllen. All managerial decisions would be made jointly by Torbes and Downer; however, seeing that Torbes did not want to incur additional investment expenditures, both parties agreed that Downer would be the sole employee and receive an annual salary that was to be determined by them at a later date. Finally, both parties agreed that Torbes would not be held liable for any aspect of the business. All went well until Valentine 's Day 2022, when Downer inadvertently sold spoiled yogurt to a customer, Corky Jones. Jones became so violently ill, that he spent 2 days in the hospital. After his release, Jones promptly sued Froyum. Upon being served with process, Downer notified Jones that she had a "partner" by the name of Teve Torbes. Jones modified his lawsuit to include Torbes; Torbes was promptly served. Our contention is that Torbes was not a true partner with Downer. As a result, we are filing a motion for summary judgmenta legal motion asking the court to remove us from the case, as Torbes was not a partner in the business arrangement.