BLAW 308 Lecture Notes - Lecture 1: Uniform Partnership Act, Charolais Cattle, Precedent
Document Summary
Facts: joan mccormick (plaintiff) and clark brevig (defendant) were 50/50 partners in a ranching partnership. Their relationship deteriorated over time, and it ultimately became impossible for them to cooperate on business matters. Mccormick sued brevig, alleging he had taken partnership property for his own use, and seeking an accounting. Mccormick also requested an order mandating the dissolution and winding up of the partnership business. At the district court trial, clark argued that the cattle given by his mother a person who outside of the company partnership, were separate from the assets of the company. Clark appealed, arguing the mere inclusion of cattle in a partnership tax returns is legally insufficient to transfer ownership into the partnership. Application: the evidence provided by both the plaintiff and defendant display nothing that might suggest that the charolais cattle were purchased with partnership assets or transferred to clark and his sons as partners of the partnership.
