Gleason v. Van Aernam

Citations

• 9 Or. 343

Syllabus

<p>Partnership — Dissolution.</p> <p>Where a court of equity has jurisdiction over the adjustment and settlement of the accounts of a dissolved partnership, it will take cognizance, under proper allegations, of distinct contracts entered into by the partners at the time of dissolution, and, materially changing their rights and liabilities on final settlement, and render full relief upon the same.</p> <p>Pleadings — Final Settlement.</p> <p>A final settlement of partnership accounts must be plead to bar a suit for account and settlement between the partners.</p> <p>Where partners dissolved their partnership by consent, and adjusted their accounts so far as they occurred to them at the time, but separated under an agreement to meet again and divide some partnership lumber, and then finish their settlement, and never did anything further: Held, not a final settlement.</p>