Bauer v. Blomfield Co./Holden Joint Venture
Alaska Supreme Court
849 P.2d 1365 (1993)
- Written by John Caddell, JD
Facts
Richard and Judith Holden (the Holdens) were partners in Blomfield Company/Holden Joint Venture (defendant), along with Chuck, Patricia, and Tony Blomfield and Richard Monsarrat (defendants). The Holdens assigned “all their right, title and interest” in the partnership to William Bauer (plaintiff). For a time, Bauer received the monthly share of partnership income to which the Holdens would have been entitled. However, the partners soon ceased making income distributions, deciding instead to use income to pay a fee owed to Chuck Blomfield. The fee arose from a unanimous agreement of the partners that predated the Holdens’ assignment. Bauer sued the partnership and all the partners except the Holdens, claiming that his right to partnership income had been violated. The trial court granted summary judgment in favor of all the defendants, and Bauer appealed.
Rule of Law
Issue
Holding and Reasoning (Burke, J.)
Dissent (Matthews, J.)
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