Legal Opinion · Concurrence

Fischer v. Fischer

Kentucky Supreme Court

Decided June 15, 2006No. 2003-SC-000982-DGPublished

1Concurrence

COOPER, Concurring Justice.

I concur in the result reached in this case because the winding up of the partnership affairs was not completed prior to Richard Fischer’s death. KRS 362.295. However, I do not regard the “purpose” statement in Article II of the amended partnership agreement, i.e., “the purchasing, leasing and selling of real estate at 8415 U.S. 42, Florence, Kentucky,” to be dispositive of whether the partnership was *107one of definite term or particular undertaking. KRS 362.300(l)(b).

Article X of the original partnership agreement provided: “This Agreement shall be binding and in…

2Cases cited2 opinions

  1. Girard Bank v. HALEYSupreme Court of Pennsylvania · 1975
  2. Blandau v. RennickCourt of Appeals of Oregon · 1997

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