Malnar v. Carlson

— The trial court dismissed this action for an accounting of partnership assets based on the statute of limitation. We reverse and remand for trial.

Facts

On January 17, 1992, Ronald Malnar (Plaintiff) sued Robert Carlson (Defendant) alleging that a partnership existed between them to purchase, develop and resell real estate, and to share in the profits. The Plaintiff sought an accounting of the profits of the joint venture.1 The Defen*524dant moved for summary judgment based on three grounds: (1) the case was not filed within the statute of limitation, (2) the verbal partnership agreement was…