Slomowitz v. Kessler

Three men formed three partnerships to own and operate Section 8 apartment buildings. The partner who was primarily responsible for the management of the properties died. The remaining two could not decide who was in charge. This litigation ensued. First, the Pennsylvania Superior Court ruled that one partner violated the partnership agreement by acting unbusinesslike and offensive when he was contractually obliged to act as a fiduciary to all partners.  Second, the Court deferred to the trial court’s ruling that the two remaining partners never entered into a verbal agreement on how to proceed without the third partner. Third, the Superior Court held that a sufficient number of limited partners agreed to the sale of properties. Fourth, the Court held that the defendant was entitled to an accounting for all of the partnerships’ assets. Fifth, the Court held that the defendant was entitled to counsel fees. Sixth, the Court ruled that it was premature to address compensatory and punitive damages, given that the matter required remand.

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