Elmore v. McConaghy

Citations

• 159 P. 108
• 92 Wash. 263
• 1916 Wash. LEXIS 751

Syllabus

<p>Partnership — Dissolution—Agreement—Accounting—Fraud. In the absence of fraud, overreaching, undue influence, or reliance on fiduciary relations, the dissolution of a partnership by mutual agreement whereby one partner, dealing at arm’s length, bought out the other partner, will not be set aside and an accounting had, on the allegation that books of account equally accessible to both parties, were not accurately kept; but there must be clear and satisfactory proof of specific acts of fraud or particular mistakes; nor is it enough that reliance was placed upon an inventory compiled by a bookkeeper employed by both parties.</p> <p>Partnership — Dissolution—Accounting. A partnership dissolution agreement entitling a partner to credits on the loss of five separate items will not be enforced by an accounting where no complete adjustment could be had of those matters owing to their unfinished nature.</p>