Scottish Court of Session Decisions

Subject_1 SOCIETY.
Subject_2 SECT. V.

How far a Partner can bind the Society?

Lumsden
v.
Gordon

1728. November.
Case No. No. 16.

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The point in debate was, Whether one in a society submitting to arbiters for himself and Company their joint affairs, can bind thereby the Company? It was objected, That indeed one partner can bind the whole with relation to every deed of ordinary administration; that is, such deeds which tend directly to the advancement of their joint concerns, and without which their business cannot be expedited; but a submission is no such deed, for that lies entirely out of the common course of their trade? and therefore a power of submitting for the society, is never understood to be communicated to the partners, since matters may be happily carried on without the supposition of any such power. The Lords found the submission of one partner does not bind the Company. See Appendix.

Fol. Dic. v. 2. p. 376.