Kay v. Gitomer

251 A.2d 853 (1969)


Two sets of couples taking on partnership status decide to buy portions of four lots.  The two couples also buy 100% of a fifth lot.  The two men of the partnership are brothers in law.  The brothers in law took title of lot five after purchase as tenants in common.  One of the brothers in law eventually signed the fifth lot off to a sale when the other brother in law was out of town.  Kay (P) signed Eckle’s (the other brother in law’s) name and the property was sold.


1.  “Was lot 5 owned by Kay and Eckles as tenants in partnership?”

2.  “Did the contract of sale, signed by Kay, bind the partnership?”


“All property originally brought into the partnership stock or subsequently acquired by purchase or otherwise, on account of the partnership, is partnership property.”

“A partner’s right in specific partnership property is not subject to dower, curtesy, or allowances to widows, heirs, or next of kin.”


1.  Yes.  Where the property is not held in the name of the partners, but was listed to them as tenants in common is reviewed asking whether the property was intended to be devoted to the purposes of the partnership.  In order to determine this, the court looks to the circumstances and surrounding transaction.  Here the income tax filed on the property showed income from rental property of lot five.  This is sufficient evidence.

2.  Yes.  A single partner can buy or sell property without a majority approval of the sale or purchase.  Kay had actual authority to sell the property, therefore.

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