Eckert v. Eckert

GIERKE, Justice.

Gaila Eckert, as personal representative of the estate of Donovan Eckert, appeals from a district court judgment dismissing her action against Ben Eckert. We reverse and remand for a new trial.

Ben Eckert was Donovan Eckert’s uncle. In 1959 the two formed a partnership and engaged in farming and ranching as the “E-7 Ranch.” No formal partnership agreement was ever executed. Donovan died in 1982, and Gaila commenced this action seeking dissolution and liquidation of the partnership.

The parties have reached an agreement for division of all partnership property except for…