Thomas v. Schmelzer

SUBSTITUTE OPINION

The Court’s prior opinion, dated December 1, 1988, is hereby withdrawn.

SWANSTROM, Judge.

This case involves the accounting and winding up of a partnership. Paul and llene Schmelzer appeal from the district court’s amended judgment requiring them to purchase the interest of James and Joan Thomas in a partnership and to compensate the Thomases for net excess contributions during the winding up period. The main issue is whether there was a meeting of the minds to form an agreement calling for the Schmelzers to purchase the Thomases’ partnership interest. Because we find…