Gerard v. Gateau

Citations

• 84 Ill. 121

Syllabus

<p>1. Partnership — grounds for dissolving. The fact that one partner put property into the firm as capital, at a sum greatly in excess of its real value, affords no ground for cancelling the partnership contract. The equities arising from this matter can be adjusted on the dissolution and final settlement of the partnership.</p> <p>2. Same—misconduct ns a cnusefor dissolution. A court of equity will not dissolve a partnership for every act of misconduct on the part of one p.artner. To justify a dissolution a strong case must be made. It will not be decreed for trifling causes or temporary grievances involving no permanent mischief. A want of courtesy to some customers of the firm, working no serious injury, is not a sufficient cause.</p> <p>3. Same—hostile relations as a ground of dissolution. To justify the dissolution of a partnership, on the ground of unfriendly relations between the partners, it must be at the instance of the party who is not himself at fault, and the estrangement must be such as to prevent the successful management of the business. The author of the ill-feeling can not make the relation he has induced the ground of a dissolution.</p>