- 26 - contribution as provided by the act." In discussing the partners' rights in the partnership, the 1992 State court opinion focuses on the fact that James had made disproportionately greater capital contributions and on the inequity of dividing partnership profits equally before he was repaid. The 1992 State court opinion states the following: Under the partnership act above [referring to 15 Pa. Cons. Stat. � 8331] each partner is repaid his contribution whether by way of capital or advances to the partnership property. The court found that James' contribution [sic] far exceeded contributions made by Darwin. Hence it appears that an inequity would be visited on James if the partners share equally in profit, however the provision allowing repayment of advances to the partnership will level the playing field. * * * * * * * After each partner is compensated for his contribution, ie, capital advancement or property to the partnership distribution of profits on an equal basis would seem equitable. [Tobias v. Tobias, No. 4583 (Ct. C.P. Dauphin County, Pa. July 7, 1992).] The 1997 State court opinion summarizes Pennsylvania law as "holding that the repayment of capital investments before distribution of any profits is an essential element of every partnerships agreement implied as a term of law." The 1997 State court opinion effects the 1992 State court opinion by determining the partnership's assets andPage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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