Vecchitto v. Vecchitto

Christopher Vecchitto, a partner in Vecchitto Lemon Ice, a frozen-treats partnership (plaintiffs), sued individually and on the partnership's behalf against two other partners (defendants), alleging they breached the partnership agreement by improperly transferring partnership interests and introducing new persons into the partnership without required consent. The defendant partners moved to dismiss, arguing the partnership lacked standing to sue since state law required all partners' consent for actions outside the partnership's ordinary business, and the partnership agreement was silent on whether a lawsuit could be filed or whether unanimous consent was required for one.