Minard v. Moore (In re Estate of Moore)

Summary

The North Dakota Supreme Court reviewed a dispute over whether the estate of a deceased partner was entitled to rent for the partnership's continued use of real property. The court held that the partnership agreement barred recovery of rent, including under unjust enrichment, but concluded that the estate retained an interest in the partnership after the partner's death. The judgment was affirmed in part, reversed in part, and remanded for an accounting of partnership profits and losses through the sale of the property.

Holdings

1. The estate was not entitled to rent because the partnership agreement expressly provided that the jointly owned land was contributed to the partnership without charge, and Delbert Moore's death did not dissolve the partnership or retract that contribution.
2. The estate could not recover rent under unjust enrichment because an express contract governed the partnership's use of the property.
3. The estate remained a partner with limited decision-making authority after Delbert Moore's death and retained an interest in the partnership.
4. The district court erred by failing to account for the estate's continued interest in the partnership from Delbert Moore's death through the May 2015 sale of the property.

Questions Presented

1. Whether the partnership agreement entitled Delbert Moore's estate to rent for the partnership's continued use of the contributed real property after his death.
2. Whether the estate could recover rent under unjust enrichment despite the express partnership agreement governing use of the property.
3. Whether Delbert Moore's estate retained an interest in the partnership after his death and was entitled to an accounting of partnership profits and losses.

Disposition

reversed_and_remanded