Elting v. Elting
Annotate this CaseIn 1976, a family farming partnership was formed among Glenn Elting and his two sons, Kerwin and Perry. The partners comprising the partnership changed over the years, but the management of the partnership remained with Glenn, Kerwin, and Perry. In 2008 and 2009, Kerwin entered into a series of grain contracts on behalf of the partnership that resulted in significant losses to the partnership. In 2013, Perry and his son and wife (Appellees) filed an amended complaint against Kerwin (Appellant) alleging that Kerwin had entered into a series of grain contracts on behalf of the partnership without the authority to do so, resulting in significant losses to the partnership. The district court awarded judgment and damages to Appellees. The Supreme Court affirmed, holding (1) the district court was not clearly wrong in determining that Kerwin was not authorized to enter into the contracts on behalf of the partnership and that his actions were not ratified; and (2) Kerwin was not shielded from liability by the limitation of liability clause contained in the controlling partnership agreement.
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