Maxim 4.5.8
No one should be retained in a partnership against his will.
Source: Selden v. Vermilya, 2 Sandf. (N.Y.) 568, 593; United Ins. Co. v. Scott, 1 Johns. (N.Y.) 106, 114; Weisman, 85a
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) Partnership is a voluntary association — any partner may withdraw at will, and no court will compel a man to remain bound in a partnership against his consent.
Where this applies
- A partner in a law firm wants to leave and start his own practice; the other partners cannot force him to stay because no one may be retained in a partnership against his will.
- A member of a business partnership demands dissolution after a falling-out with his co-partners; the court grants it because partnership is voluntary and cannot be compelled.
- Two sisters run a bakery together, but one wants out; the court orders the partnership dissolved because forcing someone to remain in a partnership against her will is not permitted.
Legal domains
Cite this maxim
NeCede Max. 4.5.8 — No one should be retained in a partnership against his will. — Selden v. Vermilya, 2 Sandf. (N.Y.) 568, 593; United Ins. Co. v. Scott, 1 Johns. (N.Y.) 106, 114; Weisman, 85a
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