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Shar's Cars, L.L.C. v. Elder

Utah Court of Appeals

97 P.3d 724 (2004)

Relevant factsFree

Elder (defendant) and Rutherford's used-car partnership shared a lot with Birschbach's dealership; when Elder left the Elder-Rutherford partnership, its net loss stood at $45,000, and Rutherford continued a new partnership with Birschbach that later incurred further losses before the dealership closed and a creditor sued, prompting a third-party claim against Elder; the trial court held Elder liable for only half ($22,500) of the total $45,000 loss existing at the time he left.

IssueFree

Whether dissolution of a partnership discharges the existing joint liability of each partner.

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