Logourl black

Water, Waste & Land, Inc. d/b/a Westec v. Lanham

Colorado Supreme Court
955 P.2d 997 (Colo. 1998)


Facts

Donald Lanham and Larry Clark (defendants) were managers and members of Preferred Income Investors, LLC (PII). Clark entered into a contract with Westec (plaintiff) on Lanham’s behalf, under which Westec was to complete certain engineering work for PII. The defendants, however, never gave Westec any indication that PII was the principal in the contract, nor that PII was an LLC. When the work was complete, Westec billed Lanham, but Lanham never paid. Westec brought suit against the defendants individually as well as PII. The county court found in favor of Westec, holding that Clark was an agent of Lanham and thus dismissing Clark from the suit, but entering judgment against Lanham and PII in the amount of the outstanding bill. Lanham appealed to the Larimer County District Court, which reversed on the grounds of a statute that stated that a company’s filing of its articles of organization as an LLC is constructive notice of its status as an LLC. Westec 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 (Scott, 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.

Here's why 89,000 law students rely 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.
  • 12,195 briefs - keyed to 164 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.
  • Ability to tag case briefs in an outlining tool.
  • Top-notch customer support.
Start Your Free Trial Now