Monteleone v. Monteleon

497 N.E.2d 1221 (1986)

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Nature of the Case

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Facts

Three parties were partners in an auto body shop. Jerry (P) instituted proceedings against Nick and Lorenzo (D) to dissolve the partnership. D filed an answer and requested the court to consider their right to continue in the business and reimburse P. P claims that he was wrongfully excluded from the partnership premises and that D failed to conclude the partnership business but continued instead to operate in violation of 38(2)(b) of the UPA. Ds claim that P's wrongful conduct caused the dissolution by misappropriation of partnership funds, failure to contribute to the operation of the business, a wrongful demand that P's son be made a partner and that a certain employee be discharged and a refusal to return partnership books and records. Ds them formed a new partnership and ask the court to determine the value of the assets so that they can pay off P. The trial court granted P's motion to sell the assets. Ds appealed.