Cauble v. Handler Tex. Ct. Of Civil App.,

503 S.W.2d. 362 (1973)

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Nature of the Case

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Facts

Cauble (P), administratrix of her husband's estate, sued for an accounting of the partnership assets. The partnership was engaged in selling retail furniture and appliances. Cauble and Handler (D) each owned a 50% interest as partners. For the final inventory and the last partnership tax return, D used book value (cost price) to value the inventory. D continued to operate the partnership beyond Mr. Cauble's death, yet refused his widow any share of the profits during that time. The trial court awarded P $20.95 plus six percent interest based on book value of the assets. But after Cauble’s death, the partnership made a profit of over $40,163.42 by operating the partnership business after dissolution. P appealed. P claims the trial court erred in basing its judgment upon the book value of the partnership assets and the court erred in refusing to consider the cash market value of the partnership assets in arriving at its judgment.