Nychis v. Fields

The defendant appeals from a judgment confirming a master’s report requiring him to account, inter alia, for profits derived from two parcels of real estate. The master found that a partnership existed; the defendant argues that the plaintiff, those he represents, and the defendant own the parcels as tenants in common. In either event, the defendant had a duty to account to the plaintiff for the rents and profits received from others. Dewing v. Dewing, 165 Mass. 230, 231 (1896). Robinson v. Robinson, 173 Mass. 233, 239-240 (1899). Fiske v. Quint, 274 Mass. 169, 173 (1931). Restatement of…