85 So. 205 | La. | 1920
It appears from the petition, exhibits, and return herein that many years ago plaintiff entered into a contract of partnership with H. Clay Duplantis for the operation of Myrtle Grove plantation and sugar refinery, and for the buying and selling of sugar cane in the parish of Terrebonne, in which it was agreed that, in the event of the death of either party, the partnership should continue during the term originally agreed on between the heirs or legal representatives of the decedent and the surviving partner, and which contract was renewed from time to time; the last renewal having extended the partnership for a term which included the years 1919 and 1920. It further appears that H. Clay Duplantis died in September, 1919, leaving major and minor children, and in the class first mentioned his son, Caliste A. Duplantis, who was appointed administrator of his estate; that differences soon arose between him and re^ lator in regard to the management of the partnership business, as a consequence of which, in January, 1920, relator brought suit, charging the administrator with violating the contract in various particulars, alleging that a continuance of the partnership relation had becoine impossible, and praying that the parties in interest, being the several children of the deceased partner, be cited, and, after hearing, that the partnership be dissolved, and in the meanwhile that defendants be ruled to show cause why he (relator) should not be appointed liquidator, with authority to take possession of the assets and conduct the affairs of the *pa.rtnership in liquidation to a final settlement and partition.
Defendants excepted to the proceeding by rule on the ground that it was unauthorized by law, and the exception was sustained by the court. They then interposed the exception of no cause of action to the main demand, and that exception remains undisposed of at the present time. After the dismissal of the rule for his appointment as liquidator, relator filed a supplemental petition further alleging that, no matter what disposition may be made of the exception, the case must continue in the courts for a considerable time, that the petition shows a state of affairs which must .lead to a dissolution of the partnership, that the rights of the parties are being endangered, that an ex officio sequestration of the property is the necessary
It is therefore ordered that this application be denied at the cost of the applicant.