Clark's Admrs. v. Zell's Admrs.

Citations

• 126 Pa. 329
• 17 A. 647
• 1889 Pa. LEXIS 876

Syllabus

<p>(a) In 1855, Clark and Zell, partners in the lumber business, purchased an interest in certain real estate the title to which was in a trustee, who in 1859 sold the same, filed his account, and, after much delay and litigation, paid Clark & Zell’s share of the proceeds to Clark, the liquidating partner of the firm, then dissolved.</p> <p>(b) About 1878, after Clark’s death, Zell united with other parties in various legal proceedings to recover the land, alleging that the sale referred to was fraudulent, which proceedings in 1882 were finally settled, Zell in his own name and as surviving partner of Clark & Zell uniting with ihe others in quit-claiming their interests in the land for $50,000 paid to them.</p> <p>(c) In 1884, Clark’s administrator filed a bill in equity praying that Zell be decreed to account for said $50,000, in which proceeding the master found that the interest of Clark & Zell in the lands was partnership property, that the interests of Clark’s heirs therein passed by the quitclaim deed, and they were therefore entitled to share in the proceeds.</p> <p>(id) The master further found that though the conduct of Clark’s heirs had impeded Zell in his receipt of the money by the settlement of the litigation, yet Zell had lost nothing thereby and the heirs were therefore not estopped; and further that Zell was not entitled to compensation for his services as no agreement to pay therefor was proved.</p> <p>I. The findings and conclusions of the master, in this case, were correct, save that, as the claim to the land set up by Zell was unfounded and worthless and the recovery by the settlement was due solely to his persistent efforts, the plaintiffs having come into equity should do equity, and make him an equitable compensation.</p> <p>2. While a partner, in the absence of an express contract, is not entitled to compensation for his personal services, though he has rendered more than his copartners, and while the decisions incline to extend this rule to