Cominos v. Kalkanes

This appeal involves a controversy between partners who had owned and operated a tavern, lunchroom, cardroom and cigar business under the name of Spring Mill Tavern. The action brought did not seek a dissolution of the partnership and an accounting and winding up of its affairs, but was based upon a contract between the partners providing that, upon the happening of certain contingencies, respondent might sell, exchange or otherwise dispose of the business, and, after paying the cost of disposition and the partnership debts, divide the proceeds of the sale equally between the partners.

The…