From our private database of 13,300+ case briefs...
Apcar Investment Partners VI, Ltd. v. Gaus
Texas Court of Appeals
161 S.W.3d 137 (2005)
Michael L. Gaus and John C. West (defendants) formed Smith & West, L.L.P. (Smith & West) (defendant), a limited liability partnership (LLP) under the Texas Revised Partnership Act (TRPA) on March 6, 1995. Smith & West did not follow the statutory renewal procedures, and LLP status ended one year later. In August 1999, Smith & West entered a lease with MF Partners I, Ltd. (MF). Gaus and West personally guaranteed the lease for two years. MF assigned the lease to Apcar Investment Partners VI, Ltd. (Apcar) (plaintiff). Apcar claimed that Smith & West breached in October 2002 and brought suit against Smith & West, Gaus, and West. Gaus and West moved for summary judgment on the grounds that the personal guarantees in the lease had expired and they were protected from individual liability for partnership debts by Smith & West’s status as a registered LLP. Apcar also moved for partial summary judgment. Gaus and West’s motion was granted. Apcar appealed to the Texas Court of Appeals.
Rule of Law
Holding and Reasoning (McCall, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 136,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,300 briefs, keyed to 182 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.