Sheveleu v Brown and another

Partnership – Winding-up – Entitlement to post-dissolution profits. Court of Session: Allowing an appeal in an action for count, reckoning and payment which one former partner of a dissolved firm of general medical practitioners raised against the other two former partners, the court concluded that the Sheriff Appeal Court had erred in rejecting the pursuer's contention that the sheriff had left out of account income, arising from an uncompleted transaction of the former partnership which must be taken to have been completed by the defenders by virtue of the authority conferred on them by s 38 of the Partnership Act 1890, and accruing subsequent to the date of dissolution of the partnership, but which fell to be treated as belonging to the partnership and therefore shared between the former partners as part of the settlement on winding-up: given the sheriff's findings-in-fact and the accounts lodged when read and understood in the context of the applicable law, the pursuer's claim was unanswerable.

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