Crofton v. Bargreen

(dissenting)—I dissent.

The court reverses the judgment and directs dismissal of the cause because the respondent had drawn on his capital account so that at the time of the dissolution it is claimed the value thereof was only $9,141.84. This overlooks appellant’s admission of his indebtedness to the partnership at the time of the dissolution in the sum of $33,900. This, the trial court thought unimportant because of paragraph No. 13, which, so far as material, is:

“ . . . second party [Crofton] grants first party [Bar-green] the option, if first party desires to exercise it, to repurchase the…