Escallier v. Baines

Citations

• 40 Wash. 176
• 82 P. 181
• 1905 Wash. LEXIS 956

Syllabus

<p>Partnership — Accounting and Dissolution — Failure of Partner to Account — Findings as to Sole Management — Evidence—Sufficiency. In an action to dissolve a partnership in the butchering business for failure of the defendant to account, a finding that defendant had sole management of the business is sustained by evidence that he, only, had experience in the business, ran the meat market, took in and paid out all the money, and the plaintiff was assigned to the stock and butchering grounds where the employees ignored him and followed the directions of the defendant.</p> <p>Same — Duty to Keep Accounts — Findings—Immateriality. In an action to dissolve a partnership, it is immaterial whether there is support for a finding that the defendant was the only member of the firm capable of keeping hooks, where it appeared that it was his duty to keep them.</p> <p>Same — Wilful Misconduct of Partner — Loss of Assets — Failure to Account for Loss — General Statements — Assets—Distribution. In an action to dissolve a partnership, such gross and wilful misconduct on the part of the defendant is shown as to warrant a distribution of all the assets to the plaintiff, where it appears that the parties entered into a partnership in the butchering business, the defendant contributing an established business and the plaintiff $5,000 in cash, which was deposited in bank; that defendant had entire control of the business and handled all the money; that he failed to keep any records or accounts as required by the articles of copartnership, and in two and one-half months the entire assets, including accounts discoverable, amounted to less than $4,000, although he had previously been doing a profitable business, and that it was impossible to determine the actual .amount of his indebtedness to the firm, and he offered no proof of any specific loss by the firm.</p>