Court of Appeals of Wisconsin
280 N.W.2d 335 (1979)
The Dreifuerst brothers formed a partnership for the purpose of operating two feed mills. The partnership is not governed by a written partnership agreement. All but one of the brothers (plaintiffs) elected to dissolve the partnership, and brought an action for dissolution and wind-up of the partnership after serving the remaining brother (defendant) with notice. The defendant asked the court to permit a sale pursuant to Uniform Partnership Act (UPA) § 38(1), at which the partners could bid on the property, thus allowing the plaintiffs to continue running the business and the defendant’s partnership equity to be satisfied in cash. The trial court denied the defendant’s request and instead divided the partnership assets in kind, granting the physical assets of one of the feed mills to the plaintiffs, and the physical assets of the other feed mill to the defendant. Defendant appeals the trial court’s in-kind division of the partnership’s assets.
Rule of Law
Holding and Reasoning (Brown, P.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 217,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 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.