Elements of the Law of Partnership

Cover Elements of the Law of Partnership
Elements of the Law of Partnership
Floyd R Floyd Russell Mechem
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Y. 410, 27 N. E.
542; Kutzv. Dreibelbis (1889), 126 Rep. 797; Burley v. Harris (1836), Pa. St. 335, 17 Atl. Rep. 609; 8 N. H. 233, 29 Am. Dec. 650; Ivy Wheeler v. Arnold (1874), 80 Mich. V. Walker (1880), 58 Miss. 253. 304; Clarke v. Mills (1887), 36 Kan. 39a 98 ACTIONS BETWEEN PARTNERS. [§§ 135-13^^.
there has been an accounting and a balance struck in his favor. When, however, such a baUince is struck and a stated amount is found to be due to one from the other, who promises to pay it, an act
...ion ma}" be maintained for its re- covery. As stated in one case : " Where there is an agree- ment adjusting partnership affairs, and that agreement awards to one partner a specilied sum or creates a specific duty in his favor, he may maintain an action upon a breach of the duty or promise. " ^ ^ 135. One partner may sue another at law upon claim connected with but not involving partnership transac- tions. — h. But there is a large class of cases involving mat- ters which, though they are connected w^ith the partner- ship, do not constitute partnership transactions, but are individual transactions betw^een particular partners, and as to these an action at law" may be maintained.

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