125 Minn. 283 | Minn. | 1914
Defendant owned an automobile business in St. Paul. August 11, 1911, he and plaintiff entered into a written partnership agreement,
This action was brought by plaintiff in December, 1912. The complaint contained various charges of wrongful conduct on the part of defendant, such as failure to keep proper books of account, refusing to permit plaintiff to inspect the books,-or to have access to contracts and securities belonging to the partnership, and excluding plaintiff from any voice in the management of the business. The relief demanded was the appointment of a receiver, a dissolution of the partnership, and an accounting.
The answer admitted the partnership agreement, alleged that plaintiff had paid only $500 on account of his one-third interest, and had drawn from the business the sum of $830.13. The charges made in the complaint were denied. The appointment of a receiver was opposed, and defendant offered, if plaintiff was no longer willing to continue the partnership, to let him take over the business at a discount of $2,000 upon the value of the assets as shown by a prior inventory, or that defendant would take the business at the par value of its assets, paying plaintiff the present value of his interest as the same might be determined by the court.
The issues were tried and a decision rendered. The court found the partnership agreement and the value of the business to be as stated; that plaintiff and defendant failed to agree as to the condition or future policy of the business and the interest of the plaintiff therein, and that plaintiff withdrew from actual participation in the
The parties failed to agree, and after the 30 days had elapsed, plaintiff applied for-the appointment of a receiver. At the same time defendant moved to amend the conclusions of law. Defendant’s motion was denied, and a receiver appointed. Defendant appealed from the order.
The appeal involves only the question whether the appointment of a receiver was justified under the findings of fact. We think it was not. The court had made a dissolution. After the decision, defendant paid all of the outstanding indebtedness of the partnership, and offered, if the conclusions of law were amended as requested, to surrender all claims which he had against plaintiff, and to give a bond to secure plaintiff against any debt or claim arising out of the business.
Order reversed.