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Question

On January 1 Vernon and Engel became partners in a food brokerage business. Later, they disagreed about the way profits were being divided and expenses were being paid. On August 1 they dissolved the partnership by mutual agreement. Vernon ran the business during the winding-up period. He claimed that Engel had violated their agreement and therefore was not entitled to his share of the profits. Vernon also argued that because he had carried on the business during the winding-up period, Engel was not entitled to any commissions collected during that time. Is Vernon right? (Engel v. Vernon, 215 N.W.2d 506)

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For this item, we are tasked to determine whether Vernon's arguments are right.

The following are his arguments:

  • Engel should not receive his share in the profits because he violated their agreement.
  • Engel is not entitled to the commissions collected during the winding-up period.

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