§ 33-41-1040 — Rights of partners upon dissolution in contravention of agreement.

When dissolution is caused in contravention of the partnership agreement the rights of the partners shall be as follows: (1) Each partner who has not caused dissolution wrongfully shall have (a) all the rights specified in SECTION 33-41-1030 and (b) the right, as against each partner who has caused the dissolution wrongfully, to damages for breach of the agreement; (2) The partners who had not caused the dissolution wrongfully, if they all desire to continue the business in the same name, either by themselves or jointly with others, may do so during the agreed term for the partnership and for that purpose may possess the partnership property, provided they secure the payment by bond approved by the court or pay to any partner who has caused the dissolution wrongfully, the value of his interest in the partnership at the dissolution, less any damages recoverable under item (1) (b) of this section and in like manner indemnify him against all present or future partnership liabilities; and (3) A partner who has caused the dissolution wrongfully shall have (a) if the business is not continued under the provisions of item (2) of this section all the rights of a partner under SECTION 33-41-1030, subject to item (1) (b) of this section, and (b) if the business is continued under item (2) of this section the right, as against his copartners and all claiming through them in respect of their interests in the partnership, to have the value of his interest in the partnership, less any damages caused to his copartners by the dissolution, ascertained and paid to him in cash or the payment secured by bond approved by the court and to be released from all existing liabilities of the partnership; but in ascertaining the value of the partner's interest the value of the good will of the business shall not be considered.

Legislative History

HISTORY: 1962 Code SECTION 52-74; 1952 Code SECTION 52-74; 1950 (46) 1841.