Frontier Refining Company v. Kunkel’s, Inc.
Supreme Court of Wyoming
407 P.2d 39 (1965)
Clifford Kunkel approached Fairfield and Beach (defendants) about financing the lease and operation of a filling station and truck stop owned by Frontier Refining Company (plaintiff). Fairfield and Beach agreed to finance and purchase equipment for the venture, on the understanding that it would be Kunkel’s responsibility to manage the business and ensure that it was incorporated prior to taking any action. Kunkel never attempted to incorporate the business. Kunkel signed various agreements with Frontier, including a lease under his individual name, doing business as Kunkel’s Inc. Fairfield and Beach did not see these agreements or discuss them with Kunkel before they were signed. Without Fairfield or Beach’s knowledge, Kunkel took over the filling station and started doing business. Frontier sold gasoline to the station, billing it to Clifford Kunkel doing business as Kunkel’s Inc. When the business failed to pay for several thousand dollars’ worth of gasoline, Frontier brought suit against Fairfield and Beach (defendants), as members of the Kunkel’s Inc. partnership, to recover the balance due. Fairfield and Beach denied the existence of a partnership, and claimed that Kunkel operated Kunkel’s Inc. as an individual. The trial court found that Kunkel’s, Inc. was not a partnership, found for Fairfield and Beach, and dismissed the action. Frontier now appeals.
Rule of Law
Holding and Reasoning (Gray, 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 160,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,700 briefs, keyed to 186 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.