A partner by estoppel is one who represents himself to be a partner in the firm. But in reality he is not so. This kind of partner is not a real partner of the firm but “by words spoken or written or by conduct, represents him, or knowingly permits him to be represented to be a partner in a firm.” Such a person automatically becomes liable as a partner in that firm to anyone who gives credit to the firm on the faith of such a representation. Sec. 28 lays down that, “Anyone who by words spoken or written or by conduct represents himself or knowingly permits himself to be represented, to be a
187(b) partner in a firm is liable as a partner in that firm to anyone who has on the faith of any such representation given credit to the firm, whether the person representing himself or represented to be a partner does or does not know that the representation has reached the person so giving credit.” In such cases, he is prevented from denying that he is not a partner. Where a retiring partner does not give a public notice of his retirement and the continuing partners still use his name as a partner, say in letter heads, he will be personally liable on the ground of holding out to third parties. But a deceased partner is an exception to this rule. [Sec. 28 (2)].
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A partner by estoppel is one who represents himself to be a partner in the firm. But in reality he is not so. This kind of partner is not a real partner of the firm but “by words spoken or written or by conduct, represents him, or knowingly permits him to be represented to be a partner in a firm.. Read
