Summary
The Montana Supreme Court affirmed a District Court judgment dissolving the Johns Brothers Farms partnership, accounting for the partners’ capital accounts, and distributing partnership assets. The Court held that Jerry Johns did not breach his fiduciary duties, upheld the accounting—including a $15,000 assessment for Butch’s near-exclusive use of a parcel—and affirmed the award of the 40-acre parcel to Jerry upon payment of its agreed value.
Holdings
- The District Court did not err in concluding that Jerry did not violate his fiduciary duties to Butch or the partnership.
- The District Court's accounting and its assessment of $15,000 against Butch for his near-exclusive use of the 40-acre parcel were supported by substantial evidence, and Butch did not demonstrate reversible error concerning his claimed post-2014 expenses.
- The District Court did not err by awarding the 40-acre parcel to Jerry upon his purchase of it for the agreed value of $77,000.
Questions Presented
- Whether the District Court erred by concluding that Jerry did not breach his fiduciary duty to Butch and the partnership.
- Whether the District Court erred in calculating the partners' capital-account balances, including the $15,000 assessment for Butch's near-exclusive use of the 40-acre parcel and the claimed post-2014 expenses.
- Whether the District Court erred by awarding the 40-acre parcel to Jerry in the distribution of partnership assets.
Disposition
affirmed
Cases Cited (13)
- Mont. Digital, LLC v. Trinity Lutheran Church, 2020 MT 250, ¶ 9, 401 Mont. 482, 473 P.3d 1009(followed)
- Baltrusch v. Baltrusch, 2003 MT 6, ¶ 23, 319 Mont. 23, 83 P.3d 256(followed)
- State v. Perry, 283 Mont. 34, 36, 938 P.2d 1325, 1327 (1997)(followed)
- Ace Leasing, Inc. v. Boustead, 2002 MT 213, ¶ 16, 311 Mont. 285, 55 P.3d 371(followed)
- Trifad Entertainment v. Anderson, 2001 MT 227, ¶ 27, 306 Mont. 499, 36 P.3d 363(followed)
- Kingston v. Ameritrade, Inc., 2000 MT 269, ¶ 9, 302 Mont. 90, 12 P.3d 929(followed)
- Wilson v. Wilson, 64 Mont. 533, 543, 210 P. 896, 899 (1922)(followed)
- McCormick v. Brevig, 2004 MT 179, 322 Mont. 112, 96 P.3d 697(followed)
- Krajacich v. Great Falls Clinic, LLP, 2012 MT 82, ¶ 12, 364 Mont. 455, 276 P.3d 922(followed)
- Hames v. Polson, 123 Mont. 469, 477, 215 P.2d 950, 954 (1950)(followed)
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Court Document
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