Goodenow v. Jones

Citations

• 75 Ill. 48

Syllabus

<p>1. Joint liability — partners for contract of co-partner before entering into partnership. Where A agreed in writing to deliver 2,000 cords of wood at a specified price per cord, to the plaintiff, and afterwards formed a co-partnership with B & C in the lumber and wood business, and he, through the firm, delivered a part of the wood, the firm taking the pay in their name and remitting the same to A, after deducting commissions, it was held, in a suit by the plaintiff against the firm for failing to deliver the balance of the wood, that B & C were not liable.</p> <p>2. Pabtnebship—does not become liable on partner’s individual contracts. By the formation of a partnership the firm does not become liable for the individual contracts of one of its members, or to pay his debts. Even if the firm promises to fulfill such contracts there must be shown a new consideration to support the promise, and the individual member must be released.</p> <p>3'. Same—agreement of partners inter se to perform one partner’s individual contracts. If, after the formation of a partnership, two of its members should expressly covenant with the third member to perform his contract made before with a third party, the latter could maintain no action for a breach of such contract against the firm, or the two partners so covenanting, for the reason that the plaintiff would be no party to such covenant.</p>