2766 ARTICLE 73A

partnership, unless the partner so acting has in fact no authority to act for
the partnership in the particular matter, and the person with whom he is
dealing has knowledge of the fact that he has no such authority.

(2) An act of a partner which is not apparently for the carrying on of
the business of the partnership in the usual way does not bind the partner-
ship unless authorized by the other partners.

(3) Unless authorized by the other partners or unless they have aban-
doned the business, one or more but less than all the partners have no
authority to:

(a) Assign the partnership property in trust for creditors or on' the
assignee's promise to pay the debts of the partnership,

(b) Dispose of the good-will of the business,

(e) Do any other act which would make it impossible to carry on the
ordinary business of the partnership,

(d) Confess a judgment,

(e) Submit a partnership claim or liability to arbitration or reference.
(4) No act of a partner in contravention of a restriction on his authority
shall bind the partnership to persons having knowledge of the restriction.

Under this section and secs. 13-15, partnership bound by act of partner in drawing
checks in firm name in the usual way; kiting scheme. Bradford v. Harford Bank,
148 Md. 22.

Cited but not construed in McLane v. State Tax Commn., 156 Md. 145.
Sub-section 4 of this section applied. Union Tr. Co. v. Poor & Alexander, 168 Md. 400.

An. Code, 1924, sec. 10. 1912, sec. 10. 1916, ch. 175, sec. 10.

10. (Conveyance of Real Property of the Partnership.) (1) Where
title to real property is in the partnership name, any partner may
convey title to such property by a conveyance executed in the partnership
name; but the partnership may recover such property unless the partner's
act binds the partnership under the provisions of paragraph (1) of section
9, or unless such property has been conveyed by the grantee or a person
claiming through such grantee to a holder for value without knowledge that
the partner, in making the conveyance, has exceeded his authority.

(2) Where title to real property is in the name of the partnership, a
conveyance executed by a partner, in his own name, passes the equitable
interest of the partnership, provided the act is one within the authority
of the partner under the provisions of paragraph (1) of section 9.

(3) Where title to real property is in the name of one or more but not
all the partners, and the record does not disclose the right of the partner-
ship, the partners in whose name the title stands may convey title to such
property, but the partnership may recover such property if the partners'
act does not bind the partnership under the provisions of paragraph (1)
of section 9, unless the purchaser or his assignee, is a holder for value,
without knowledge.

(4) Where the title to real property is in the name of one or more or
all the partners, or in a third person in trust for the partnership, a con-
veyance executed by a partner in the partnership name, or in his own
name, passes the equitable interest of the partnership, provided the act is
one within the authority of the partner under the provisions of paragraph
(1) of section 9.

(5) Where the title to real property is in the names of all the partners
a conveyance executed by all the partners passes all their rights in such
property.

See art. 39B, sec. 8.

Cited but not construed in McLane v. State Tax Commn., 156 Md. 145; Ottaviano v.
Lorenzo, 169 Md. 60.