Logourl black
From our private database of 13,000+ case briefs...

Gateway Potato Sales v. G.B. Investment Co.

Court of Appeals of Arizona
822 P.2d 490 (1991)


Facts

Sunworth Packing Limited Partnership (SPLP) consisted of one general partner, Sunworth Corporation, and one limited partner, G.B. Investment Co. (defendants). Gateway Potato Sales (Gateway) (plaintiff) sold potato seeds to SPLP and was never paid. Gateway had been wary of the transaction but agreed to it after Sunworth Corporation’s president informed Gateway that they were in partnership with G.B. Investment, a respected institution, and that G.B. Investment had approved the transaction. Gateway never interacted directly with G.B. Investment. Nevertheless, Gateway was aware that G.B. Investment was controlling the operations of the partnership and believed it to be a general partner, based on statements made by Sunworth Corporation's president. When SPLP failed to pay the amount owed, Gateway sued SPLP, Sunworth Corporation, and G.B. Investment. G.B. Investment moved for summary judgment on the grounds that, as a limited partner, it was not personally liable for partnership debts. Evidence at trial suggested that G.B. Investment participated at least to some degree in the control of the partnership. The trial court nonetheless granted summary judgment in favor of G.B. Investment, on the grounds that G.B. Investment had not dealt directly with Gateway. Gateway appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Taylor, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

What to do next…

  1. 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.

  2. 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 129,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 13,000 briefs, keyed to 177 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.