Court of Appeals of Indiana.
CURVES FOR WOMEN ANGOLA an Indiana Partnership, Dan Cole, and Lori Cole, Appellants–Defendants,
v.
former husband and wife who leased commercial space from landlord in which to operate fitness club franchise.
Following a bench trial, the Steuben Circuit Court, Allen N. Wheat, J., entered judgment in favor of landlord. For-
mer husband appealed.
Holdings: The Court of Appeals, Mathias, J., held that:
West Headnotes
[1] Partnership 289 122
[2] Partnership 289 1
289 Partnership
289I The Relation
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© 2013 Thomson Reuters. No Claim to Orig. US Gov. Works.
[9] Partnership 289 278
289 Partnership
289VII Dissolution, Settlement, and Accounting
289VII(B) Rights, Powers, and Liabilities After Dissolution
289 Partnership
289IV Rights and Liabilities as to Third Persons
289IV(A) Representation of Firm by Partner
289k128 k. Scope of firm business. Most Cited Cases
OPINION
MATHIAS, Judge.
Dan Cole (“Dan”) appeals the judgment of the Steuben Circuit Court in favor of Flying Cat, LLC (“Flying
Cat”), in Flying Cat‘s breach–of-contract claim against Dan and his ex–wife Lori Atkison f/k/a Lori Cole (“Lori”)
Facts and Procedural History
On December 5, 2001, Dan and his then-wife Lori entered into a Franchise Agreement with Curves Internation-
al, Inc., so that they could operate a Curves exercise facility in Angola, Indiana. Dan and Lori each signed the Fran-
chise Agreement individually as a “Franchisee.” Appellee’s App. p. 35. An affirmation clause in the Franchise
© 2013 Thomson Reuters. No Claim to Orig. US Gov. Works.
[9] Partnership 289 278
289 Partnership
289VII Dissolution, Settlement, and Accounting
289VII(B) Rights, Powers, and Liabilities After Dissolution
289 Partnership
289IV Rights and Liabilities as to Third Persons
289IV(A) Representation of Firm by Partner
289k128 k. Scope of firm business. Most Cited Cases
OPINION
MATHIAS, Judge.
Dan Cole (“Dan”) appeals the judgment of the Steuben Circuit Court in favor of Flying Cat, LLC (“Flying
Cat”), in Flying Cat‘s breach–of-contract claim against Dan and his ex–wife Lori Atkison f/k/a Lori Cole (“Lori”)
Facts and Procedural History
On December 5, 2001, Dan and his then-wife Lori entered into a Franchise Agreement with Curves Internation-
al, Inc., so that they could operate a Curves exercise facility in Angola, Indiana. Dan and Lori each signed the Fran-
chise Agreement individually as a “Franchisee.” Appellee’s App. p. 35. An affirmation clause in the Franchise