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.