Atha v. Atha

Plaintiff W. Hunter Atha, of Zanesville, Ohio, and his son, defendant Hunter Atha, of Mt. Pleasant, Michigan, entered into a partnership agreement on January 1, 1938, for the purpose of owning, developing and operating certain oil and gas leases, wells and equipment. The partnership agreement provided:

“2. The partnership property, business and assets shall be owned in equal shares by the partners. All profits and losses from the carrying on of the partnership business shall be shared equally by the partners.

“3. Upon the death of any partner from any cause whatever, the surviving partner shall…