Oscar L. Delfin v. Harry Liss & Associates, Inc., Etc.

Delfín, the sole appellant, and Robert N. Roberson, a defendant below, entered into a written general partnership agreement under the fictitious name of Pacific Trading & Supply, dated August 30, 1962. Some time in April or May of 1963 the partners orally discussed termination of the partnership, but the record is not clear as to the date of this discussion or as to what was actually agreed. A written partnership dissolution agreement was prepared in July and submitted to Delfín. Not satisfied with it, he went to another attorney and another dissolution agreement was prepared and signed. That document, dated August 30, 1963, stated that “it has been agreed between the partners that the partnership shall stand dissolved as of the 1st day of July, 1963,” and that Roberson was to carry on the business, taking over all of the debts and liabilities as of July 1, 1963.

Before the question of dissolution arose, the partnership, acting through Roberson, had entered into preliminary negotiations for the supply of furniture, equipment, and installation services to the Naval Petty Officers’ Club at Agana, Guam. In May, 1963 the partnership received an order totalling $8,248.52, of which sum…