Randall S. Shawell v. Pend Oreille Oil & Gas Company

Randall Shawell sued Pend Oreille Oil & Gas Company for the breach of oil, gas and mineral contracts. Pend Oreille brought third-party actions against Amoco Production Company and CT Corporation System, Inc. and filed a cross-claim against Shawell, and Amoco filed counterclaims against Pend Oreille and Shawell. The trial court rendered summary judgment in favor of Pend Oreille against Shawells claims and a take-nothing judgment on the third-party actions. We must determine whether a general partner, who is sued individually and not in the capacity as a partner, can be held liable for partnership acts and whether there was a material issue of fact raised by the evidence. We conclude that the trial court did not err in granting the motion for summary judgment and therefore affirm.