Smart v. Hernandez

The plaintiffs’ main argument is directed at the Court’s finding that the defendant did not voluntarily resign and at his ruling that the plaintiffs did not take proper action under paragraph 12 of the contract to terminate the partnership prior to the filing of their bill in equity on July 31, 1946. The questions of fact presented a sharp conflict, the defendant categorically denying that he resigned or ever told anyone that he had or intended to do so, while the plaintiffs offered unequivocal testimony to the contrary. They buttressed this with such undisputed occurrences, taking place just…