Gabay v. Rosenberg

In an action for specific performance of a partnership agreement, defendant appeals from a judgment of the Supreme Court, Westchester County, entered September 22, 1965, which, upon an agreed statement of facts, inter alia discharged her interest in the partnership assets upon payment to her of $100. Judgment reversed on the law and complaint dismissed, without prejudice. In our opinion, a proper decision requires a more complete statement of the facts. Neither the source of the consideration for the partnership assets, nor the terms of the oral partnership agreement have been disclosed.…