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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.)
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