Quimbee logo
DMCA.com Protection Status

Volpe v. Schlobohm

614 S.W.2d 615 (1981)

Case BriefRelatedOptions
From our private database of 33,600+ case briefs...

Volpe v. Schlobohm

Texas Court of Civil Appeals

614 S.W.2d 615 (1981)

Facts

Charles and Joneen Schlobohm (plaintiffs) entered into a partnership with Robert Volpe (defendant) and Edward Wright. Volpe, Wright, and the Schlobohms met and discussed a potential partnership. The notes from that meeting formed the basis of a written partnership agreement. The agreement was accepted but never signed. Each of the parties was in the food-distribution business and held various franchises. The Schlobohms and Wright both had Pepperidge Farms franchises. However, the partnership agreement did not state which franchises were included in the partnership. After the partnership was formed, Wright decided to withdraw. The Schlobohms purchased Wright’s partnership interest, and Volpe asserted a right to a portion of Wright’s partnership assets and profits. The Schlobohms and Volpe disagreed about that issue. The primary source of the disagreement was based on the issue of the Pepperidge Farms franchises. Volpe believed those were part of the partnership, but the Schlobohms and Wright did not. Eventually, the Schlobohms sued Volpe and sought a rescission of the partnership agreement. The trial court granted rescission, and Volpe appealed.

Rule of Law

Issue

Holding and Reasoning (Cornelius, C.J.)

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 603,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead 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.

    Learn about our approachRead more about Quimbee

Here's why 603,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 33,600 briefs, keyed to 984 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.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 603,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 33,600 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership