It depends.......is there a clause in your partnership agreement that states that all alterations must be made in a signed writing? Did either party alter their conduct after that text message was sent/received, in such a manner that it could be presumed that the parties consented to that alteration? It's hard to give you a definite yes or no answer to this question without reviewing your partnership agreement and the parties' conduct more thoroughly.
Ms. Smith is correct. However, I would also say that the temporary, ephemeral nature of as text message would not satisfy the "writing" requirement of the Statute of Limitations, which is a fundamental basis of contract law that states that any contract valued at $1,000.00 or more must be in writing.
Please note that this answer is given for informational purposes only, and in no way creates an attorney-client relationship beteween the questioner and the responding attorney. You should be aware that Mr. Hamman is only licensed to practice law in the State of Arkansas. You are not a client of the Hamman Law Firm until you and Mr. Hamman have both signed a contract setting forth the scope and limitations of the representation, and the reasonable compensation to be paid by you to Mr. Hamman for that representation.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline