Cengage Advantage Books: Foundations of the Legal Environment of Business 2nd Edition by Marianne Jennings, Albert Napier, Marianne Jennings

Exercise 18

Triangle Chemical Company supplied $671.10 worth of fertilizer and chemicals to France Mathis to produce a cabbage crop. When Mr. Mathis first asked for credit, he was denied. He then told Triangle that he had a new partner, Emory Pope. The company president called Mr. Pope, who said that he was backing Mr. Mathis.
Mr. Pope had loaned Mr. Mathis money to produce the crop, and Mr. Mathis said that Mr. Pope would pay the bills. Mr. Pope said, "We're growing the crop together, and I am more or less handling the money." When Mr. Mathis could not pay, Triangle wanted to hold Mr. Pope personally liable. Mr. Pope said that his promise to pay another's debt would have to have been in writing. Triangle claimed that Mr. Pope was a partner and was personally liable. Is he? [ Pope v. Triangle Chemical Co., 277 S.E.2d 758 (Ga. 1981).]