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Summers v. Dooley

Idaho Supreme Court
481 P.2d 318 (1971)


Facts

Summers (plaintiff) and Dooley (defendant) were co-partners in a trash collection business. Both partners operated the business. The partners agreed that when one partner was unable to work, he could hire a replacement at his own expense. Several years after the formation of the partnership, Summers asked Dooley if he would agree to hire an additional employee. Dooley refused, but Summers hired the worker anyway and paid him out of his own pocket. In spite of the fact that the new worker was a good employee, Dooley would not agree to pay him out of the partnership funds. Summers sued Dooley, seeking reimbursement for the expenses Summers incurred in hiring the new employee. The trial court granted Summers only partial relief, which he appealed.

Rule of Law

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Issue

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Holding and Reasoning (Donaldson, J.)

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  • 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.).

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