Horton v. Kimbrell

Vicky K. Horton, as administratrix of the estate of her husband, Max G. Kimbrell, deceased, appeals from a judgment entered in favor of Kimbrell's brothers, Walter Byron Kimbrell and Wiley Spurgeon Kimbrell. We reverse and remand.

This dispute arises out of the dissolution of a general partnership; the partners were Max G. Kimbrell, Walter Byron Kimbrell, and Wiley Spurgeon Kimbrell. The partnership, known as "Kimbrell Brothers Logging," was formed in 1988; there was no written partnership agreement. Max's role in the partnership consisted of operating a logging truck and a "skidder."

On August…