3 Thompson 135Clinchfield Fuel Co. v. W. M. Lundy & Son (1914)
<p>1. PARTNERSHIP. Dissolution. Liability of retiring partner.</p> <p>Where, after a. partnership entered into a contract to purchase coal to he delivered in monthly installments, the partnership was dissolved and the seller of the coal was notified that one of the partners had withdrawn from the' firm and that the other would carry on the business, pay all debts, and collect all accounts, such notice authorized the seller to deliver the balance of the coal to the partner who was continuing the business, but did not destroy the liability of the retiring partner to pay the contract price for the coal remaining undelivered. (Post, pp. 139-141.)</p> <p>2. PARTNERSHIP. Dissolution. Liability of retiring partner.</p> <p>Upon the dissolution of a partnership, the partner who assumed payment of the firm debts and took over its assets became the principal debtor and the retiring partner a surety only as between themselves, but they both remained liable as principal debtors to the creditors of the Arm. (Post, pp. 141-143.)</p> <p>Cases cited.and approved: Bryan v. Henderson, 88 Tenn., 23; Croone v. Bivens, 39 Term., 339; Hollis Wright & Co. v. Staley, 62 Tenn., 168; Prewitt v. Bunch, 101 Tenn., 742; Oakeley v. Pasheller, 4 Clark & F., 207.</p> <p>Cases cited and distinguished: Dean v. Collins, 15 N. D., 535.</p>
