Outgoing partner profit entitlement when firm continues business without settlement; purchase option bars further profit share. Where a partner has died or ceased to be a partner and the continuing partners carry on the firm's business with firm property without final settlement, the outgoing partner or his estate is, absent a contrary contract, entitled either to a share of profits attributable to the use of his share of the property or to interest at six per cent per annum on his share; if an option to purchase the interest is duly exercised the estate is not entitled to further profits, but non compliance with the option terms renders the purchaser liable to account under these provisions.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Outgoing partner profit entitlement when firm continues business without settlement; purchase option bars further profit share.
Where a partner has died or ceased to be a partner and the continuing partners carry on the firm's business with firm property without final settlement, the outgoing partner or his estate is, absent a contrary contract, entitled either to a share of profits attributable to the use of his share of the property or to interest at six per cent per annum on his share; if an option to purchase the interest is duly exercised the estate is not entitled to further profits, but non compliance with the option terms renders the purchaser liable to account under these provisions.
Full Summary is available for active users!
Note: It is a system-generated summary and is for quick reference only.