Where a partner retires from a two-person partnership without agreed financial terms, the retiring partner's entitlements are to be determined as though there had been a dissolution, with accounts settled under s 57 of the Partnership Act 1895 (WA). The principle from Sobell v Boston that a retiring partner has rights only as an unsecured creditor applies equally to two-person partnerships. A trial judge's finding of an agreement about price, made after rejecting the only evidence of such an agreement, constitutes an error of law.
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