Mid West Control Corp. v. Burke

Appellate Terms of the Supreme Court of New York

Mid West Control Corp. v. Burke

2 Misc. 2d 401, 146 N.Y.S.2d 459, 1955 N.Y. Misc. LEXIS 2254

Appellate Terms of the Supreme Court of New York·Decided November 3, 1955·Published·Cited by 1 cases

Opinion

Per Curiam.

There was a sharp question of fact as to whether one partner had the authority to enter into an agreement to surrender the demised premises so as to bind the partnership. Such an agreement to surrender was not in the ordinary course of the partnership business; on the contrary, it would have resulted in the entire termination of the partnership business (Partnership Law, § 20, subd. 3). It was error to direct a verdict in favor of the landlord.

The final order should be reversed and new trial ordered, with $30 costs to appellants to abide the event.

Eder, Schreiber and Hecht, JJ., concur.

Final order reversed, etc.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

There was a sharp question of fact as to whether one partner had the authority to enter into an agreement to surrender the demised premises so as to bind the partnership. Such an agreement to surrender was not in the ordinary course of the partnership business; on the contrary, it would have resulted in the entire termination of the partnership business (Partnership Law, § 20, subd. 3). It was error to direct a verdict in favor of the landlord.

The final order should be reversed and new trial ordered, with $30 costs to appellants to abide the event.

Eder, Schreiber and Hecht, JJ., concur.

Final order reversed, etc.

Mid West Control Corp. v. Burke, 2 Misc. 2d 401, 146 N.Y.S.2d 459, 1955 N.Y. Misc. LEXIS 2254 (N.Y. Ct. App. 1955).

Pincite

2 Misc. 2d 401 (Mid West Control Corp. v. Burke) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related