Smith v. Hurley

OPINION

JACOBSON, Presiding Judge.

The primary issue in this appeal is whether the obligor under a “buy out” agreement is relieved from performance because of the breach by the obligee of a contemporaneous partnership agreement.

This litigation was initiated by plaintiff-appellant, James K. Smith and Sally Cloe Smith, his wife (as James K. Smith is the primary responsible party, he shall hereinafter be referred to as Smith), against defendant-appellee Theodore C. Hurley (Hurley), seeking the dissolution of a partnership allegedly existing between Smith and Hurley and an accounting. This…