Hurley v. Hurley

Seitz, Chancellor:

This is an action by the executrix of a deceased partner’s estate seeking an accounting from the two surviving partners.

For many years the three partners operated a business known as Hurley and Willin. They sold building supplies at retail. The partners had no written agreement but the undisputed oral arrangement was that they shared equally in the partnership profits and losses. Thus, when Leroy B. Hurley died on December 5, 1949 he was a one-third owner of the business. The surviving partners continued to operate the business but only for the purpose of bringing about its…