Summers v. Dooley

Summers (plaintiff) and Dooley (defendant) ran a two-person trash collection partnership under an agreement letting either partner hire a replacement, at his own expense, when unable to work. When Summers wanted to hire an additional employee and Dooley refused, Summers hired the worker anyway, paying him personally, but Dooley still refused to reimburse Summers from partnership funds even though the new employee performed well. Summers sued Dooley for reimbursement, the trial court granted only partial relief, and Summers appealed.