Question: yllabus question # 5 : Jake Coombs, Yemi Ogarra, and Wade Stram formed a financial services consulting partnership. The partnership s ordinary business was to

yllabus question #5: Jake Coombs, Yemi Ogarra, and Wade Stram
formed a financial services consulting partnership. The partnerships
ordinary business was to provide investment advice to businesses with
assets between $500,000 and $40 million. The partnerhips operated
from a small building that was owned by the partnership, even though
title was held in the name of Yemi Ogarra, who had transferred the
building to the partnership as her capital contribution. Because the
partnership quickly became profitable, the partners chose to retain
some of the earnings of the business and to invest it in commercial real
estate in the community. Such investments, however, were not part of
the partnerships regular business, which remained financial consulting.
Title to investment property purchased by the partnership was held in
the partnerships name. After a few years, the partners had a falling
out. Ogarra wanted the partnership to move its offices to a bigger,
more impressive building. she also believed that the commercial real
estate market was in a bubble and that the partnership should sell some
of its investment property. Without obtaining approval from her
partners, Ogarra sold the building in which the partnership did its
business to CFC Financial LLC. Because the building was titled only in
Ogarras name, CFC believed that she was the only person with an
interest in the building. Ogarra also sold to CFC a commercial
shopping mall that had been held by the partnership for investment.
title in the mall had been recorded in the partnerships name. Coombs
and Stram sued to void the sales of the building and mall to CFC on the
grounds that Ogarra had no authority to sell the properties. Did she
have authority to sell the building? The mall? (from the 15th edition

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