Small Claims Court

[socrateaser]

>1. Can what bro-in-law and I had be considered a legal
>partnership?

Yes, it is the existence of a partnership between the two of you that creates the fiduciary duty to act in each other's best financial interests. Without the partnership, there is no duty, and your case becomes an ordinary breach of contract for failing to pay on a loan.

>I know you called it a partnership in a previous post, but it
>is not by written contract, it was by verbal agreement.

If you show that the two of you recently "shared profits" from the sale of a machine similar to that of which you are now disputing ownership, then you will have created the "presumption" of a partnership, and it will then fall to your opponent to prove that no partnership was ever intended. Sharing of profits, without any agreement at all, creates a partnership, all by itself

>2. Opinion on dissolution of partnership as opposed to BOF?

Involuntary partnership dissolution is a reasonable case to plead, but it doesn't get you a shot at the punitive damages, because all you are doing is withdrawing from the partnership and demanding an accounting from your partner of all of the assets and liabilities, and an order from the court distributing them between the two of you. Nevertheless, if this were a big money deal, I would plead both breach of fiduciary and involuntary dissolution, because then you can show that your partner harmed you, and that is why you want to dissolve the partnership.

In short, both of the attorneys are correct.

>3. Where can I get one of those Uzis you highly recommend??

At a gun auction, I would imagine. And, you're the expert in that area!