Creel v. Lilly

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The just husband of the plaintiff entered a partnership with defendants. The husband died and the defendants continued operating the partnership. The plaintiff would like the partnership liquidated while the defendants believe they should be able to just buy out the plaintiff.


Does a partnership have to be liquidated on dissolution if one of the partners requests that it be?


Under UPA is likely would have to be liquidated because UPA takes a "aggregate theory" towards partnerships. RUPA, takes the view that liquidation is costly and that if one person requests liquidation, this is not enough to require it ("entity theory" to partnership).