- 9 - sale”, a “full recourse promissory note”, a “certificate of assumption of primary liability”, a “sharecrop operating agreement”, and a “security agreement--registered sheep” (collectively the “sheep sale agreements”). The sheep sale agreements purported to document the purchase of registered purebred Rambouillet and Suffolk breeding ewes from Barnes Ranches. While Mr. Hoyt and David Barnes were the principal individuals involved with the sheep sale agreements, Mr. Hoyt and the Barnes family were not independent parties acting at arm’s length insofar as RCR #1's sheep breeding activities were concerned. Mr. Hoyt signed “assumption agreements” on behalf of individual partners with respect to RCR #1's promissory notes. There are no bills of sale, certificates of assumption, partnership agreements, or promissory notes that were signed by partners other than Mr. Hoyt. Under the sharecrop agreements, Barnes Ranches purportedly obligated itself to undertake all management with respect to the sheep partnerships’ breeding of sheep, payment of expenses, and provision of stud ram services. In exchange, Barnes Ranches was to receive all lambs produced and culls. The terms of the sharecrop agreements required Barnes Ranches to maintain adequate records allowing it to identify at all times RCR #1's breeding sheep; to manage RCR #1's breeding sheep (which Barnes Ranches purportedly did in a commingled flock with the Barnes’ ownPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011