Nichols v. Tarsches

FERGUSON, Judge.

This appeal is brought from a judgment entered on a jury verdict in a partnership accounting action. The question presented is whether the issue of waiver, submitted to the jury at trial, had been previously decided by the partial summary judgment which was affirmed without an opinion on interlocutory appeal. Stated in other words, the question is whether the judgment finding Tarsches liable necessarily resolved the waiver issue1 thereby establishing the law of the case.

Trial of the action commenced on the partnership’s (hereinafter Nichols) complaint against a former partner…