Saballus v. Timke

Following a bench trial in which the trial court found that plaintiff’s acts constituted events of default under the terms of plaintiff’s and defendant’s partnership agreement, the trial court awarded plaintiff $53,682.60 as the value of plaintiff’s interest in the partnership. Defendant appeals, and plaintiff cross-appeals from the court’s findings.

In his appeal defendant argues that the trial court erred: (1) in not imposing a constructive trust over two lots fraudulently withheld from the partnership by plaintiff, and not including their value in the settlement of accounts; (2) in refusing…