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Collins v. Lewis

Texas Court of Appeals

283 S.W.2d 258 (1955)

Relevant factsFree

Collins (plaintiff) agreed to fund construction of a cafeteria while Lewis (defendant) managed construction and operations, guaranteeing Collins fixed minimum repayments; costs ballooned from an estimated $300,000 to $600,000, and once open the cafeteria's expenses outpaced receipts, prompting Collins to threaten to cut off funding unless Lewis made it immediately profitable. Collins sued for judicial dissolution; the jury found there was no reasonable expectation of profit if Lewis continued managing, but that absent Collins's own conduct there would have been a reasonable expectation of profit, and that Lewis was competent to manage the business.

IssueFree

Whether a partner can legally force dissolution of a partnership when, but for that partner's actions, the other partner could have performed his or her required duties.

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