Where partners enter into a separate agreement for the sale of a partnership interest, claims for money due under that agreement are claims under the sale contract, not claims requiring the taking of partnership accounts. The rule that a partner cannot recover money from another partner without first taking accounts does not apply where the parties' rights are governed by a separate and independent sale agreement. Amounts that are certain and ascertainable under such an agreement give rise to a debt or liquidated damages claim that can be pursued in a court of limited jurisdiction without equitable relief. Parties who wish to raise jurisdictional objections must plead them specifically and not raise them for the first time in closing address.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.
1 of the 2 citing cases carry a classified treatment. How each court treated it is available to signed-in members.