In CASE 19.2 Holmes v. Lerner (1999), Lerner (a wealthy entrepreneur) talked to Holmes about setting up a cosmetics business called Urban Decay. Holmes received assurances from Lerner about finances and setting up the business. Later Lerner negotiated a separate deal for Urban Decay without including Holmes, and drafted articles of incorporation which gave Holmes only a one percent interest in
Urban Decay. Holmes sued, insisting that even though they had no written agreement, she should have been a full and equal partner. How did the court rule and why??
a. The court held for Lerner as a full and equal partner, because the oral and written expressions and discussion of profits was a prerequisite to form a partnership.
b. The court held for Lerner, there was insufficient evidence of intentions to form a partnership.
c. The court held for Holmes as a full and equal partner, because the oral and written expressions and discussion of profits was a prerequisite to form a partnership.
d. The court held for Holmes, because under state law, she automatically became a limited partner.
c
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