Cunningham v. Denis

Citations

• 51 La. Ann. 902
• 25 So. 531
• 1899 La. LEXIS 495

Syllabus

<p>Syllabus.</p> <p>1. Two partners, in disagreement over tlie affairs of a partnership, appointed-a third person as arbitrator, custodian, receiver and depositary, with authority to dispose of the partnership assets, pay debts of the partnership, and also individual debts of the partners, and settle with them for balance-left over.</p> <p>2. This third person, acting within the scope of the mandate thus accepted' by him, will be protected against the suit of one of the partners seeking to hold him responsible on the theory of a change, by subsequent agreement of the partners, as to disposition of part of the assets. Such subsequent agreement, to control, must appear with as much certainty and definiteness as did , the first conferring the mandate.</p>