Business Associations Keyed to Hamilton
Collins v. Lewis
Collins (P) and Lewis (D) established a partnership after entering into a long-term lease for space in a building under construction. Collins (P) agreed to contribute money towards a cafeteria while Lewis (D) agreed to manage it. Collins (P) was to be repaid out of the profits. The project required a larger investment than the parties anticipated, and Collins (P) eventually threatened to back out unless it started generating a profit. Collins (P) ended up suing Lewis (D), seeking dissolution of the partnership, the appointment of a receiver, and also a foreclosure of the mortgage upon Lewis’s (D) interest of the assets. Lewis (D) filed a cross-claim alleging that Collins (P) breached contractual obligation to provide funding. The trial court denied Collins’ (P) petition for a receiver. A jury denied the other relief Collins’ (P) sought, attributing the enterprises lack of success to Collins’ (P) conduct. Collins (P) appealed the verdict.
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