Legal Question in Business Law in Missouri

If a partner leaves a company in Aug 2002 and all ties, compensation, etc. are severed - then the company experiences a breach of contract with client in July 2003 and files suit - does the old partner have to be made a party to the suit? When does the relationship end? Partner compensated, gone from the company, no ties remaining and no written partnership agreement that contradicts that - and yet a Missouri Judge just ruled that old partner must now be made a party to my ongoing suit.


Asked on 8/18/10, 12:51 pm

2 Answers from Attorneys

Anthony Smith LawSmith

If the partnership wa snto wound down, then the old partner is probably still a partner. If teh old partner executes a waiver of his interst than the suit might be able to procced without him. If the suit is against the partnership, then the old partner might have to be added as a defendant.

Good luck

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Answered on 8/23/10, 1:01 pm
Kevin B. Murphy Franchise Foundations, APC

In addition to the other attorney answer, the judge has examined things and made his ruling. Should be the end of the story, unless you want to challenge his ruling and anger him. Consult with a good business attorney in your area for specific advice.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 8/23/10, 1:16 pm


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