Gains and losses how shared? The object of our partnership is the hope of gain; its effect may be the realization of loss.
This question of division ought to be solved by reference to the articles of agreement, which should have expressed the whole partnership contract, and have been signed by all the partners. This not done? Well then, we say, all should share in equal proportions the gains or losses, first making unequal investments equal by an allowance of interest on net investments, and equalizing individual ability and experience by allowing each partner that salary to which, measuring his services by comparison with those rendered by other partners, he seems to be fairly entitled. Where capital and skill are equal, an equal sharing in the gains or losses is equitable.
Dissolution.
The following conditions serve to dissolve a partnership:
The expiration of the time for which the partnership was organized; ordinarily the completion of the business for the purpose of accomplishing which the partnership was formed;
The misfeasance of a partner; whenever a partner fails to act in harmony with his associates, or disposes of his interest in the partnership affairs;
By the death of any one of the partners;
By decree of the court ordering the same;
By the consent of all the partners at any time.
After the dissolution, a partner acts no longer for his former copartners to the extent of entering into or incurring new obligations. Each partner however has full power to collect debts due the firm, signing the firm name to receipts, and also to liquidate outstanding obligations of the firm, unless by special agreement these powers are conferred on one partner alone. This is an arrangement which affects the partners only, third persons being protected in a settlement with any member of a late partnership dissolved.