Brebaugh v. Hales

I have read with interest the dissenting opinion in this ease, and I am puzzled by the reliance there placed on Swiezynski v. Civiello, 126 N.H. 142, 489 A.2d 634 (1985). The rationale for the decision in Swiezynski is consistent in every respect with the opinion of the court in this'case. That case was remanded only for a determination, which the trial court had not made, “as to whether the partnership agreement provided that the defendants did not retain their legal rights of management.” Swiezynski, 489 A.2d at 639.

It is clear to me that, if the management contract in our case1 had been…