Vassallo v. Sexauer

This is an appeal from a judgment in a partnership accounting. The question presented is whether, upon dissolution of the partnership, the plaintiff was entitled to the return of the $Í0,000 which he had contributed to its capital before any division of profits. The trial judge ruled against the plaintiff; we reverse.

The plaintiff and the defendant were equal partners in a two-man partnership. The partnership purchased the common capital stock of Van Dyke Dodge, Inc., an automobile dealership. The plaintiff contributed $10,000 to the capital of the partnership which was used to pay part of…