McCormick v. Brevig
Supreme Court of Montana
96 P.3d 697 (2004)
Joan McCormick (plaintiff) and Clark Brevig (defendant) were 50/50 partners in a ranching operation whose relationship deteriorated to the point of dysfunction. McCormick sued for an accounting and for court-ordered dissolution and winding up of the partnership, alleging Brevig misused partnership property. The trial court ordered dissolution and set McCormick's buyout value at $1,107,672, ordering Brevig to pay that amount. McCormick refused the payment and appealed, arguing the partnership's assets had to be sold and the proceeds distributed rather than the business simply continued through a buyout.
Whether, when a partnership is terminated by court order due to partner misconduct, the court may permit the partnership business to continue through a buy-out of the objecting partner.