Cederlund v. Cederlund
| Decision Date | 17 June 1972 |
| Docket Number | No. 1308--I,1308--I |
| Citation | 499 P.2d 14,7 Wn.App. 320 |
| Parties | John CEDERLUND, Respondent, v. Theron CEDERLUND, Appellant. |
| Court | Washington Court of Appeals |
Robert Burks, Bellingham, for appellant.
Madden & Poliak, William J. Madden. Seattle, for respondent.
The plaintiff, John Cederlund, brought this action against Thereon Cederlund, the defendant, for an accounting and dissolution of their partnership. The cause was tried to the court, and judgment was entered dissolving the partnership and awarding to the plaintiff the sum of $11,831.40. From this judgment, the defendant appeals.
There would be no useful purpose to detail the events occurring during the period of the partnership, which commenced in 1948. It is sufficient to say that the parties were equal partners in the operation and charter of two boats. Appellant kept the partnership records and financial accounts, which, it developed at the trial, consisted largely of boxes of uncorrelated receipts, check stubs, and income tax returns. The court found that appellant converted $26,600 of partnership funds to his own use, which, after credits and equal division, left him owing respondent $11,831.40.
The essence of appellant's assignments of error is that the court's accounting procedures were incorrect. We hold that the court's accounting was as good as could be expected under the circumstances; and that inaccuracies, if any, were the fault of appellant, who cannot be heard to complain.
The controlling statute is RCW 25.04.210, which states:
(1) Every partner must account to the partnership for any benefit, and hold as trustee for it any profits derived by him without the consent of the other partners from any transaction connected with the formation, conduct, or liquidation of the partnership or from any use by him of its property.
(2) This section applies also to the representatives of a deceased partner engaged in the liquidation of the affairs of the partnership as the personal representatives of the last surviving partner.
This rule of law was applied in In re Estate of Tembreull, 37 Wash.2d 93, 221 P.2d 821 (1950), where it was said at 102, at 826 of 221 P.2d:
'When a managing partner who keeps the books is used for settlement, he must sustain the burden of proof of the correctness of the account. . . .'
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Wilkins v. Lasater
...Tembreull, 37 Wash.2d 93, 102, 221 P.2d 821 (1950); Simich v. Culjak, 27 Wash.2d 403, 408, 178 P.2d 336 (1947); Cederlund v. Cederlund, 7 Wash.App. 320, 321, 499 P.2d 14 (1972). We also note Mr. Lasater, as an interested trustee, at least technically breached the duty of loyalty by voting h......
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Habib v. Emerald Coin Vending, Inc., No. 62369-9-I (Wash. App. 12/28/2009)
...not provide an accounting, he waives his right to complain about the correctness of the court's accounting. Cederlund v. Cederlund, 7 Wn. App. 320, 320-21, 499 P.2d 14 (1972); see also, Tembruell's Estate, 37 Wn. 2d at 101-03 (managing partner's failure to render complete and accurate accou......
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Guntle v. Barnett
...Estate, 37 Wash.2d at 102, 221 P.2d 821 (quoting Simich v. Culjak, 27 Wash.2d 403, 408, 178 P.2d 336 (1947)); Cederlund v. Cederlund, 7 Wash.App. 320, 499 P.2d 14 (1972). "[E]very presumption will be made against" the managing partner in the absence of such books and records. In Re Tembreul......