For Your Data Water, Waste Matter & Land, Inc. D/B/A Westec V. Lanham Instance Brief

Water, Waste & Land, Inc. d/b/a Westec v. Lanham case brief summary
955 P.2d 997 (Colo. 1998)

CASE SYNOPSIS

Petitioner was a soil evolution together with engineering society doing concern nether about other name. The engineering society was non paid for its operate for the respondent, a express liability society (LLC) together with brought a travail of activeness inwards the county courtroom against respondent individually together with against the LLC. The county courtroom entered judgment inwards favor of the engineering society together with the district courtroom reversed.

DISCUSSION

• The courtroom decided that the members or managers of a express liability society (LLC) were excused from personal liability on a contract where the other political party to the contract did non convey notice that the members or managers were negotiating on behalf of a express liability society at the fourth dimension the contract was made. 
• The county courtroom had flora that the political party dealing amongst the members or managers was unaware that they were acting every 2d agents of a express liability society when they negotiated the contract, together with the testify inwards the tape supported the county court's findings, therefore in that place was no legal footing to excuse the agents of the LLC from liability. 
• The courtroom held that the statutory notice provision applied exclusively where a 3rd political party sought to impose liability on an LLC's members or managers precisely due to their condition every 2d members or managers of the LLC. 
• When a 3rd political party sued a director or fellow member of an LLC nether an way theory, the principles of way police trace applied yet the Limited Liability Company Act's statutory notice rules. 
• The district courtroom erred inwards substituting its ain factual determinations for the findings of the county court.

CONCLUSION
The judgment of the district courtroom was reversed together with the illustration was remanded to that courtroom amongst instructions that it reinstate the judgment of the county court.

Recommended Supplements for Corporations together with Business Associations Law

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