This section contains the nature of the case and procedural background.

P and D entered into a partnership agreement wherein they operated a bowling alley. P advanced the sum of $6986.63 with the understanding that it was a loan to the partnership. There was no fixed time period for the length of the partnership. For 3.5 months the business operated at a profit. Differences then began to surface, and the discord was so bad that P sued for dissolution. The court found that the parties disagreed on practically all matters, that D had committed breaches of the partnership agreement and that the partnership was dissoluble by court decree in accordance with 2426 of the Civil Code. The trial court ordered dissolution and the repayment of partnership debts and then ordered the proceeds to be divided among P and D with slight adjustments. D appealed.

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