Kessler v. Antinora
Superior Court of New Jersey, Appellate Division
653 A.2d 579 (1995)
Kessler (plaintiff) and Antinora (defendant) partnered to build and sell a house, with Kessler providing money and Antinora acting as general contractor; their agreement provided that Kessler would be repaid his contribution plus interest from the sale proceeds, after which Kessler would get 60 percent and Antinora 40 percent of profits, but said nothing about losses. The house sold at a loss, and Kessler sued Antinora for 40 percent of that loss; the trial court granted Kessler summary judgment.
Whether, absent a partnership agreement addressing losses, a money-contributing partner and a labor-contributing partner are liable to each other for a loss the partnership sustains.