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Smith v. Kelley
Kentucky Court of Appeals
465 S.W.2d 39 (1971)
- Written by Mary Pfotenhauer, JD
Facts
Smith (plaintiff) worked at an accounting firm where Kelley and Galloway (defendants) were partners. After leaving the firm, Smith filed suit for a partnership accounting, alleging that he was a partner entitled to a share of the partnership’s profits. There was no written agreement that Smith was a partner, and he did not contribute to the partnership’s assets, take part in management, hire or fire employees, sign notes for borrowed money, or face liability for partnership losses. But Smith was identified as a partner in a third-party contract and various other forms. The trial court dismissed Smith’s claim for an accounting, and Smith appealed to the Kentucky Court of Appeals.
Rule of Law
Issue
Holding and Reasoning (Clay, Comm.)
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