Cherry v. Thomasson

Harwell, Justice:

Broadus L. Thomasson appeals the decision of the trial judge which makes him accountable to his partner, respondent, W. P. Cherry, Jr., for partnership losses and for certain benefits he received out of the partnership. We affirm but modify as to> one item of account.

This action was one in equity tried by the judge without a reference. We will accordingly find facts as we determine them to exist by a preponderance of the evidence. Brown v. State Farm Mutual Insurance Company, S. C., 269 S. E. (2d) 769 (1980). This does not require us to disregard the findings below nor ignore…