1936

LAWS OF MARYLAND

[Ch. 311

"the" is substituted for the word "such."

The only other changes are technical changes
in punctuation.

9-608. RIGHT TO WIND UP.

UNLESS OTHERWISE AGREED, THE PARTNERS WHO HAVE NOT
WRONGFULLY DISSOLVED THE PARTNERSHIP OR THE LEGAL
REPRESENTATIVE OF THE LAST SURVIVING PARTNER, NOT
BANKRUPT, HAS THE RIGHT TO WIND UP THE PARTNERSHIP
AFFAIRS; PROVIDED, HOWEVER, THAT ANY PARTNER, HIS LEGAL
REPRESENTATIVE, OR HIS ASSIGNEE, UPON CAUSE SHOWN, MAY
OBTAIN WINDING UP BY THE COURT.

REVISOR'S NOTE: This section presently appears as
Art. 73A, §37.

No changes are made.

9-609.         RIGHTS OF PARTNERS AS TO APPLICATION OF

PARTNERSHIP PROPERTY.

(A)          WHEN DISSOLUTION IS CAUSED IN ANY WAY, EXCEPT
IN CONTRAVENTION OF THE PARTNERSHIP AGREEMENT, EACH
PARTNER, AS AGAINST HIS COPARTNERS AND ALL PERSONS
CLAIMING THROUGH THEM IN RESPECT OF THEIR INTERESTS IN
THE PARTNERSHIP, UNLESS OTHERWISE AGREED, MAY HAVE THE
PARTNERSHIP PROPERTY APPLIED TO DISCHARGE ITS
LIABILITIES, AND THE SURPLUS APPLIED TO PAY IN CASH THE
NET AMOUNT OWING TO THE RESPECTIVE PARTNERS. BUT IF
DISSOLUTION IS CAUSED BY EXPULSION OF A PARTNER, BONA
FIDE UNDER THE PARTNERSHIP AGREEMENT, AND IF THE EXPELLED
PARTNER IS DISCHARGED FROM ALL PARTNERSHIP LIABILITIES,
EITHER BY PAYMENT OR AGREEMENT UNDER §9-607 (B) , HE
SHALL RECEIVE IN CASH ONLY THE NET AMOUNT DUE HIM FROM
THE PARTNERSHIP.

(B)           WHEN DISSOLUTION IS CAUSED IN CONTRAVENTION OF
THE PARTNERSHIP AGREEMENT, THE RIGHTS OF THE PARTNERS
SHALL BE AS FOLLOWS:

(1)             EACH PARTNER WHO HAS NOT CAUSED

DISSOLUTION WRONGFULLY SHALL HAVE:

(1)       ALL THE RIGHTS SPECIFIED IN SUBSECTION
(A) OF THIS SECTION; AND

(II)         THE RIGHT, AS AGAINST EACH PARTNER WHO

HAS CAUSED THE DISSOLUTION WRONGFULLY, TO DAMAGES FOR
BREACH OF THE AGREEMENT.

(2)          THE PARTNERS WHO HAVE NOT CAUSED THE
DISSOLUTION WRONGFULLY, IF THEY ALL DESIRE TO CONTINUE