Navarro

A partner wrongfully repudiates the partnership agreement. Does the aggrieved partner have a remedy other than damages? Yes. Here we hold the aggrieved partner is not required to accept an award of damages, but may elect to have the partnership dissolved by sale of the partnership assets and distribution of the proceeds. (Corp. Code, §§ 16402, 16801, subd. (5), 16807, subd. (a).) We reverse with instructions to dissolve the partnership by sale of its assets.

FACTS

This appeal after a court trial is on the clerk’s transcript only. It involves the disputed ownership of a duplex located in Ventura.

The court found that Jesus Navarro and Robert S. Perron, Sr. and Kim D. Perron formed a partnership to purchase the duplex. Navarro owned 50 percent and the Perrons owned the other half. The partners purchased the premises and contributed equal amounts of cash. Because Navarro had credit problems, the Perrons alone signed the note and took title to the property.

Eventually, the Perrons repudiated the partnership. Navarro sued for breach of contract and specific performance. He requested that the court order the Perrons to execute a deed conveying to him an undivided 50 percent…