Buck v. PalmerAnnotate this Case
At issue in this case was whether mere statements of intent to discontinue a joint venture cause automatic dissolution of the venture as a matter of law. Plaintiff sued Defendant for breach of an oral agreement, alleging that Defendant promised to transfer his interest in the venture to Plaintiff. Defendant denied the existence of this contract. The trial court granted summary judgment in favor of Plaintiff. The court of appeals affirmed, reasoning that Defendant's communications to Plaintiff were conclusive evidence of dissolution of the joint venture and warranted summary judgment on the basis that Defendant lacked standing to assert any claims to the venture. The Supreme Court reversed, holding that because Defendant produced evidence creating a genuine issue of material fact as to his intent to dissolve the partnership, the court of appeals erred in affirming summary judgment on that basis. Remanded.