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FIRST NAT. BANK & TRUST v. SCHERR

Civ. No. 900091.

467 N.W.2d 427 (1991)

FIRST NATIONAL BANK AND TRUST COMPANY OF WILLISTON, Plaintiff and Appellant, v. Albinus SCHERR, individually and d/b/a Scherr & Scherr, a general partnership, Defendants and Appellees.

Supreme Court of North Dakota.

March 19, 1991.

Attorney(s) appearing for the Case

Winkjer, McKennett, Stenehjem, Murphy & Reierson, Williston, for plaintiff and appellant; argued by Kent A. Reierson.

Wheeler Wolf, Bismarck, for appellee Albinus Scherr; argued by Albert A. Wolf.

John T. Gassmann (argued), Valley City, for appellee Scherr & Scherr.

MESCHKE, Justice.

The First National Bank & Trust Company of Williston appealed from a judgment that Albinus Scherr, a partner, and Scherr and Scherr, the partnership, were not liable on a $65,000 note to the Bank signed for the partnership by only one partner, Pius Scherr, contrary to a restriction in the partnership agreement known to the Bank. We affirm.

Pius Scherr and Albinus Scherr started a general partnership to construct and invest in buildings...

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