In this case, the plaintiff knew she was dealing with Whiteco Limited Partnership and Orangeco Limited Partnership. And, if she checked the secretary of state's office, she would have discovered Certificates of Limited Partnership filed with that office. When she sued the "partnership" to enforce a contract, she discovered to her dismay that the "partnership" had only one (1) partner and alas, that "partner" was dead. So, lawsuit against other "partners" dies for lack of a partnership.
The moral of this story, as noted by the Court, is always insist on seeing a copy of the written partnership agreement.
See Sherry Tanner v. Whiteco, L.P. and Orangeco, L.P
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