Fairway Development v. Title Ins. Co. Of Minnesota

621 F.Supp. 120 (N.D. Ohio 1985)

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Nature of the Case

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Facts

Plaintiff (P) was a partnership, and it sued for a breach of contract on a title guarantee by Title Ins. Co. of Minnesota (D). D defended on the grounds that under the title policy it was only liable to the named party. D asserts that it originally guaranteed a general partnership under the name Fairway Development I. That partnership commenced on October 15, 1979, and was terminated on May 20, 1981. D argues that a new partnership resulted from the sale and change of partners; the new partnership was called Fairway Development II and since D was not in privity with that entity it had no liability to P. P claims that there was a clear intent when two of the original partners sold out to one of the original partners; there was no dissolution of the partnership and that the intent on the part of the partners of P was to continue the old partnership business. P claims the court should look to the intent of the parties. D moved for summary judgment.