Porter v. Armstrong, [1926] 2 DLR 340, [1926] S.C.R. 328 -- summary under Section 96

By services, 28 November, 2015

The assumption of both co-owners of a real estate property that the second co-owner was free to assign his interest in the property to a third party was inconsistent with the presence of a partnership. "English law does not regard a partnership as a persona in the legal sense. Nevertheless, the property of the partnership is not divisible among the partners in specie. The partner's right is a right to a division of profits according to the special arrangement, and as regards the corpus, to a sale and division of the proceeds on dissolution after the discharge of liabilities. This right, a partner may assign, but he cannot transfer to another an undivided interest in the partnership property in specie."

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