Alechoff

Alechoff v. Edwards

Good Law
1921 Cal. App. LEXIS 37·55 Cal. App. 277·203 P. 415
Court of Appeal of CaliforniaNovember 21, 1921Civ. No. 3585.California789 words

Opinion

Lead Opinion

Conrey, J.

Action for dissolution of partnership and for an accounting. Complaint filed January 6, 1919. The partnership came into existence on the twentieth day of September, 1918, under an agreement whereby it was provided that the partnership should continue during the mutual agreement of the parties. After a trial of the issues presented other than the facts involved in the accounting, the court, on August 30, 1919, entered an interlocutory decree. From the facts stated in the interlocutory decree, it appears that the partnership business continued until December 27, 1918, at which time the defendant, in violation of the terms and conditions of the partnership agreement, took exclusive possession, adversely to ¿he plaintiff, of the partnership business and property, including all the proceeds and profits thereof since the beginning of the partnership, and converted the same to his own use. The interlocutory decree declared that the plaintiff is entitled to a dissolution of the partnership and to an accounting; that the assets of the business be sold and the net proceeds, as shown by the accounting, be equally divided between plaintiff and the defendant. A referee was appointed to take…

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