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Mcgregor V. Gregor Case Summary

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Words 605
Pages 3
Ani Martirosyan
Business Law 308
Class Number 13239 McGregor V. Crumley 775 N.W.2d 91 (S. Ct. S.D. 2009)
Facts: Clint and Paige Crumley lived on a dairy farm in Hand Country, South Dakota. Paige’s parents also worked on the farm. Paige hired someone to work on the farm one time. McGregor operated a feedlot outside of South Dakota. He carried cattle. McGregor started to do business with Clint. Clint ordered a herd of cows from McGregor. When McGregor delivered the cows, Paige handed him the check. Some time passed on, and Clint was in need of cows for his dairy operation. He called McGregor in which they had a course of conversations. On September 13, 2007 both McGregor and Clint had an oral contract about the purchase of the cows. McGregor's agent delivered twenty-five cows to Clint's farm. On the bill both Paige’s name and Clint’s name were stated. Paige was not present during the delivery. Clint noticed that eight of the cows were not well. Therefore, he called and told McGregor. McGregor then sent a truck to get those eight cows back. McGregor tried to collect the payment on the bill. Clint eventually offered to pay for the cows by a letter from his attorney in an attempt to settle the suit filed by McGregor. McGregor refused to take Clint’s offer. …show more content…
Procedural History: The trial Court found in favor of McGregor. The trial court stated that the evidence was weak; McGregor was doing business with both Paige and Clint. The trial court found Paige to be a purported partner. Furthermore, she was liable under contract to McGregor. Paige appealed to the Supreme Court of South Dakota.
Rule: By definition a partnership is formed when two or more persons carry on as co-owners a business for profit, whether or not the persons intend to form a partnership. In order to determine if a partnership exists or not the following rules

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