Section 358.320

Title XXIII CORPORATIONS, ASSOCIATIONS AND PARTNERSHIPS

Chapter 358

Effective - 28 Aug 1983   

  358.320.  Dissolution by decree of court. — 1.  On application by or for a partner the court shall decree a dissolution whenever:

  (1)  A partner is shown to be mentally incapacitated;

  (2)  A partner becomes in any other way incapable of performing his part of the partnership contract;

  (3)  A partner has been guilty of such conduct as tends to affect prejudicially the carrying on of the business;

  (4)  A partner willfully or persistently commits a breach of the partnership agreement, or otherwise so conducts himself in matters relating to the partnership business that it is not reasonably practicable to carry on the business in partnership with him;

  (5)  The business of the partnership can only be carried on at a loss;

  (6)  Other circumstances render a dissolution equitable.

  2.  On the application of the purchaser of a partner's interest under sections 358.270 and 358.280:

  (1)  After the termination of the specified term or particular undertaking;

  (2)  At any time if the partnership was a partnership at will when the interest was assigned or when the charging order was issued.

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(L. 1949 p. 506 § 32, A.L. 1983 S.B. 44 & 45)