Adams v. Jarvis
Wisconsin Supreme Court
127 N.W.2d 400 (Wis. 1964)
Dr. Adams (plaintiff) and two other doctors (defendants) were partners in The Tomahawk Clinic (the partnership). Under the terms of the partnership agreement, the withdrawal of one partner did not terminate the partnership. Rather, the agreement provided for the continuation of the partnership after withdrawal of a partner and the methodology for winding up that partner’s affairs. Specifically, the withdrawing partner was entitled to the balance “to his credit” on the partnership books, his proportionate share of the partnership profits, and the balance of his capital account after deductions. The agreement also explicitly provided that accounts receivable remained the property of the partnership after a partner’s withdrawal. Adams withdrew from the partnership on June 1, 1961. Adams then filed a declaratory suit, seeking to have the medical-partnership agreement construed. The trial court concluded that the Uniform Partnership Act (UPA) required the dissolution of the partnership upon the withdrawal of a partner. The court further ordered the partnership’s assets liquidated and distributed between the three partners, including the accounts receivable. The defendants appealed to the Wisconsin Supreme Court.
Rule of Law
Holding and Reasoning (Beilfuss, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 174,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.