2772 ARTICLE 73A

PART VI.
Dissolution and Winding Up.

An. Code, 1924, sec. 29. 1912, sec. 29. 1916, ch. 175, sec. 29.

29. (Dissolution Defined.) The dissolution of a partnership is the
change in the relation of the partners caused by any partner ceasing to
be associated in the carrying on as distinguished from the winding up of
the business.

Death of partner is one of causes of dissolution of partnership; after dissolution,
one partner can bind partnership by act proper for winding up partnership affairs.
Brocato v. Serio, 173 Md. 383.

An. Code, 1924, sec. 30. 1912, sec. 30. 1916, ch. 175, sec. 30.

30. (Partnership Not Terminated by Dissolution.) On dissolution
the partnership is not terminated, but continues until the winding up
of partnership affairs is completed.

See notes to sec. 18.

Cited in Noel v. Noel, 173 Md. 160.

An. Code, 1924, .sec. 31. 1912, sec. 31. 1916, ch. 175, sec. 31.

31. (Causes of Dissolution.) Dissolution is caused: (1) Without
violation of the agreement between the partners,

(a) By the termination of the definite term or particular undertaking
specified in the agreement,

(b) By the express will of any partner when no definite term or par-
ticular undertaking is specified,

(c) By the express will of all the partners who have not assigned their
interests or suffered them to be charged for their separate debts, either be-
fore or after the termination of any specified term or particular under-
taking,

(d) By the expulsion of any partner from the business bona fide in ac-
cordance with such a power conferred by the agreement between the part-
ners;

(2) In contravention of the agreement between the partners, where the
circumstances do not permit a dissolution under any other provision of
this section, by the express will of any partner at any time;

(3) By any event which makes it unlawful for the business of the part-
nership to be carried on or for the members to carry it on in partnership;

(4) By the death of any partner;

(5) By the bankruptcy of any partner or the partnership;

(6) By decree of court under section 32.

While ordinarily a partnership is dissolved by death of a partner, partners may by
their contract provide otherwise. See notes to sec. 7. Gerding v. Baier, 143 Md. 524.

Court will not force continuance of partnership; remedy at law. Maxa v. Jones,
148 Md. 464.

This section referred to in construing art. 45, sec. 5. David v. David, 161 Md. 538.

Cited in Noel v. Noel, 173 Md. 160.

An. Code, 1924, sec. 32. 1912, sec. 32. 1916, ch. 175. sec. 32. 1939, ch. 396.

32. (Dissolution by Decree of Court.) (1) On application by or for
a partner the court shall decree a dissolution whenever:

(a) A partner has been declared a lunatic in any judicial proceeding
or is shown to be of unsound mind,

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