Sam and Tim decide to go into business, selling discounted merchandise through their Web site "e-Buy." They sign a partnership agreement that requires Sam to contribute $12,000 and Tim to contribute $8,000 in capital to start the firm. The agreement also states that only Sam will have the authority to bind the partnership in deals with third parties, but the agreement says nothing about the management of the firm or a division of profits. Without Sam's knowledge, Tim tells Big Company, Inc., that he represents the firm and signs a contract with Big Company to buy computers for resale on e-Buy. In the first year, e-Buy makes a profit of $50,000. What are the partners' rights with respect to the management of the firm? Is the partnership bound to the contract with Big Company? Do the partners split the first year's profits? If so, how much is each entitled to?
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