Meredith v. Ewing

It is settled that one partner can not maintain an action against his co-partner for a share of the profits, upon a claim growing out of the partnership business, until there has been a final accounting and settlement. Page v. Thompson, 33 Ind. 137; Skillen v. Jones, 44 Ind. 136.

One partner may, however, maintain an action to compel an accounting, and to recover such sum as may be found due him upon the final adjustment of the partnership affairs. Briggs v. Daugherty, 48 Ind. 247.

A partner may compel the performance of an agreement of dissolution, and may recover a balance due him under the…