Rules of management
1. W, X, Y and Z organized a general partnership with W and X as industrial partners and Y
and Z as capitalist partners. Y contributed P.5 M and Z contributed P.2 M to the common
fund. By a vote of the partners, W and X were appointed managing partners, without
specification of their duties and powers. A applied as secretary and B applied as
accountant of the partnership. Suppose the hiring of B was decided upon by W and Z,
but was opposed by X and Y, whose decision shall prevail?
The decision of X and Y because in case of tie in the decision of managing partners, that
of the controlling interest shall prevail.
2. A is a capitalist partner and B the industrial one. B engages in business on his own
account but different from that of the partnership.
B may be excluded from the partnership with damages.
3. W, X, Y and Z organized a general partnership with W and X as industrial partners and Y
and Z as capitalist partners. Y contributed P.5 M and Z contributed P.2 M to the common
fund. By a vote of the partners, W and X were appointed managing partners, without
specification of their duties and powers. A applied as secretary and B applied as
accountant of the partnership. The hiring of A was decided upon by W and X but was
opposed by Y and Z. Whose decision shall prevail?
The decision of W and X shall prevail because the hiring is an act of management and
as managers they can do so.
4. A is a capitalist partner and B the industrial one. A engaged personally in the same kind
of Dusiness as that of the partnership:
If there are profits, A shall give them to the partnership.
5. A is the managing partner of A and B company. X is indebted to A for P20, 000 and the
partnership for P60, 000. When both debts mature, X pays A P20, 000 and the latter
issues a receipt for his personal credit. The payment for P20, 000 shall be applied:
1/4 in favor of A and 3/4 in favor of partnership.
6.