Peebler v. Olds

WHITE, J.

This appeal comes before us on the judgment roll, and is the outgrowth of a judgment confirming an award

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of arbitrators named by stipulation to wind up the affairs of a dissolved partnership. The judgment contains recitals that an accounting was had, determines the status of the accounts of each partner with the partnership, and appoints a commissioner to make a sale of the partnership property and to divide the proceeds of such sale between the partners in the manner designated in the judgment.

Appellant particularly assails paragraphs 6,7,11 and 14 of the judgment as being void. This contention cannot be sustained. After determining in paragraph 5 of the judgment that appellant is indebted to the partnership in the sum of $374.52, the «court directs in paragraph 6 that appellant pay to respondents one-half of said sum, in the amount of $187.26, “and any sum or sums they (respondents) may hereafter be required to pay in connection with any obligation for the bills, charges, claims or expenses incurred in the operation of the cemetery subsequent to February 14, 1938, including any obligations for permanent care or maintenance.” Paragraph 7 contains a description of the real and personal property belonging to the partnership; paragraph 11 directs that the property mentioned in paragraph 7 be sold at public auction, appoints a commissioner to effectuate such sale, and determines the order in which the partnership property is to be sold.

Paragraph 14 provides that appellant “shall be responsible for any act, deed or document made, done or suffered by him since February 14, 1938, and said Byron Feebler and Ethel M. Feebler (respondents) are hereby granted a lien upon the interest of B. C. Olds (appellant) in the property hereinabove referred to to secure the release of any such deed or document and to reimburse them for any loss suffered by them by reason of any such act, deed or document.”

As the next ground of appeal it is urged that the judgment is void because it is not a final and definite award, and because it improperly provides for a division of assets between the partners without making any provision for the payment or performance of contractual obligations of the partnership. While it is true that before there can be a decree finally settling the partnership accounts, the liabilities must be paid or adjusted to the satisfaction of the creditors, there is nothing in the judgment herein from which it appears that there are any outstanding partnership obligations.