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COMM 393 (60)

Case Brief - Lanz V. Lanz - PARTNERSHIP.docx

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COMM 393
Patricia Mallia

Lanz V LanzPARTNERSHIPFactsThe plaintiff Robert Lanz associated himself with the business of his father the defendantAfter fifteen years working together the pair had a falling out and left the businessThe sons interest in the firm was a claim to 40 of the profits with no obligation for debts and no clear title to assetsThe son charges in this action that since their arrangement was a partnership he is entitled to an equal share in the returns of the business upon its dissolution in 1990As a cause of action he refers to income tax returns claiming the business as a partnership and his fathers reluctant acknowledgment that he thought it was a partnershipIssues1 Should the firm be considered a partnership as described in the Partnership Act2 Is the plaintiff entitled to any past proceeds in the firmDecisions1 The firm will not be considered a partnership as it does not meet the definition as described in the Partnership Act2 Since the son is not considered a partner to the firm he has no claim to the firms past proceedsReasons1 The plaintiff did not actively engage in any management of the firm and made no more contribution than the driv
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