Clark v. Schwartz, 436 S.E.2d 759 (Ga. Ct. App. 1993). · Go Syfert
Clark v. Schwartz, 436 S.E.2d 759 (Ga. Ct. App. 1993). Cases Citing This Book View Copy Cite
21 citation events (12 in the last 25 years) across 4 distinct courts.
Strongest positive: Durkin v. Platz (gand, 2013-01-30)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 9 distinct citers. How cited ↗
cited Cited as authority (rule) Durkin v. Platz
N.D. Ga. · 2013 · confidence medium
Clark v. Schwartz, 210 Ga.App. 678 , 436 S.E.2d 759, 760 (1993).
discussed Cited as authority (rule) Antoskow & Associates, LLC v. Gregory
Ga. Ct. App. · 2005 · confidence medium
Group, 237 Ga. App. 656, 660 (2) ( 516 SE2d 371 ) (1999). 8 Added as a handwritten correction and initialed by “CPA.” 9 Clark v. Schwartz, 210 Ga. App. 678, 679 ( 436 SE2d 759 ) (1993). 10 (Footnote omitted.) Aaron Rents, Inc. v. Fourteenth Street Venture, L.P., 243 Ga. App. 746, 747 (1) ( 533 SE2d 759 ) (2000), aff'd, 274 Ga. 28 ( 549 SE2d 348 ) (2001). 11 Id. at 747-748 (1). 12 (Citation omitted.) Chalkley v. Ward, 119 Ga. App. 227, 234 (3) ( 166 SE2d 748 ) (1969).
discussed Cited as authority (rule) Accolades Apartments, L.P. v. Fulton County
Ga. · 2005 · confidence medium
Calvert, Senior Assistant Attorney General, for appellee. 1 Accolades Apts., L.P. v. Fulton County, 252 Ga. App. 501, 502 ( 556 SE2d 552 ) (2001). 2 Accolades Apts., L.P. v. Fulton County, 267 Ga. App. 197 ( 598 SE2d 910 ) (2004). 3 Accolades Apts., L.P. v. Fulton County, 274 Ga. 28 ( 549 SE2d 348 ) (2001). 4 (Citations omitted.) Id. at 30 . 5 Id. 6 Accolades Apts., 252 Ga. App. at 502 . 7 Accolades Apts., 267 Ga. App. at 199 . 8 Ghee v. Kimsey, 179 Ga. App. 446, 447 ( 346 SE2d 888 ) (1986). 9 OCGA § 14-8-1 et seq. 10 We need not decide whether an executed hut unfiled statement of partnership…
cited Cited as authority (rule) TranSouth Financial Corp. v. Rooks
Ga. Ct. App. · 2004 · confidence medium
Clark v. Schwartz, 210 Ga. App. 678, 679 ( 436 SE2d 759 ) (1993).
cited Cited as authority (rule) Waugh v. Waugh
Ga. Ct. App. · 2004 · confidence medium
A partnership results from a contract, either express or implied.” (Citations and punctuation omitted.) Clark v. Schwartz, 210 Ga. App. 678, 679 ( 436 SE2d 759 ) (1993).
discussed Cited as authority (rule) Lifestyle Family, L.P. v. Lawyers Title Insurance
Ga. Ct. App. · 2002 · confidence medium
Assn., 201 Ga. App. 583, 585 (1) ( 411 SE2d 527 ) (1991); see also OCGA § 13-3-2; Clark v. Schwartz, 210 Ga. App. 678, 679 ( 436 SE2d 759 ) (1993). 4 BM&J Contractors v. Liberty County Bd. of Ed., 226 Ga. App. 110, 111 ( 485 SE2d 262 ) (1997). 5 Cf. American Global Dev.
cited Cited as authority (rule) Auto-Owners Insurance v. Crawford
Ga. Ct. App. · 1999 · confidence medium
Clark v. Schwartz, 210 Ga. App. 678, 679 ( 436 SE2d 759 ) (1993) (contract not enforceable until there is a meeting of minds as to all essential terms). 2.
cited Cited as authority (rule) Peacock v. Chegwidden
Ga. Ct. App. · 1999 · confidence medium
Huggins v. Huggins, 117 Ga. 151, 155 (1) ( 43 SE 759 ).” Clark v. Schwartz, 210 Ga. App. 678, 679 ( 436 SE2d 759 ).
cited Cited as authority (rule) Johnson v. Oconee State Bank
Ga. Ct. App. · 1997 · confidence medium
“A contract is not complete and enforceable until there is a meeting of the minds as to all essential terms. [Cits.]” Clark v. Schwartz, 210 Ga. App. 678, 679 ( 436 SE2d 759 ) (1993).
Retrieving the full opinion text from the archive…
CLARK Et Al.
v.
SCHWARTZ
A93A1173.
Court of Appeals of Georgia.
Oct 14, 1993.
436 S.E.2d 759
Smith, Howard & Ajax, John A. Howard, Maria A. Salterio, Kenneth B. Hodges III, for appellants., Kutak & Rock, Thomas R. Todd, Jr., Angela M. Gottsche, for appellee.
McMurray, Johnson, Blackburn.
Cited by 10 opinions  |  Published
McMurray, Presiding Judge.

Plaintiff Schwartz originally filed this action seeking an account[*679] ing following the dissolution of an alleged partnership for the practice of law. Defendants Clark & Smith, P. C., Emory L. Clark and Hoke Smith III denied that they had ever been in a partnership with plaintiff. The original complaint was replaced in toto by an amended complaint which stated an action for damages and sought to recover the value of plaintiff Schwartz’s interest in the alleged partnership. Upon the trial of the case, a jury returned a verdict in favor of plaintiff in the amount of $84,265.66, including prejudgment interest, and against defendants Clark and Smith. Defendants appealed and raise several issues including whether the evidence presented at trial was sufficient to authorize the jury’s verdict. Held:

We find that the evidence and law requires a conclusion that there was no partnership, and consequently the verdict awarding the value of an interest in a partnership was not authorized. The trial court erred in entering a judgment predicated on the verdict of the jury and in denying defendants’ motions for directed verdict, j.n.o.v., and new trial predicated on the insufficiency of the evidence.

“A partnership is an association of two or more persons to carry on as co-owners a business for profit.” OCGA § 14-8-6 (a). A partnership results from a contract, either express or implied. Huggins v. Huggins, 117 Ga. 151, 155 (1) (43 SE 759). A contract is not complete and enforceable until there is a meeting of the minds as to all essential terms. OCGA § 13-3-2; Reichard v. Reichard, 262 Ga. 561, 564 (2) (423 SE2d 241); Sierra Assoc., Ltd. v. Continental Illinois Nat. Bank &c. Co. of Chicago, 169 Ga. App. 784, 791 (3b) (315 SE2d 250).

In the case sub judice, the scales of justice are heavily weighted by substantial evidence on both sides of the question of whether there was a partnership agreement. However, there is no proof of a meeting of minds as to at least one essential term, what portion of the alleged partnership was plaintiff’s. Plaintiff’s amended complaint alleges: “There was never an agreement reached between Plaintiff on the one hand, and Defendants on the other, as to Plaintiff’s exact percentage interest in the partnership with Defendants in the law firm.” This allegation was borne out by the evidence at trial. At the same time the evidence rebutted any presumption in favor of an equal division of ownership shares among partners since it was uncontroverted that Clark and Smith were to retain a disproportionate share of the alleged partnership. Under these circumstances the jury lacked any rational basis upon which they could derive from the evidence, as to the value of the purported partnership, the value of plaintiff’s interest therein. The jury’s verdict must be viewed as predicated on speculation and thus void.

Judgment reversed.

Johnson and Blackburn, JJ., concur. [*680] Decided October 14, 1993 Reconsideration denied October 28, 1993 Smith, Howard & Ajax, John A. Howard, Maria A. Salterio, Kenneth B. Hodges III, for appellants. Kutak & Rock, Thomas R. Todd, Jr., Angela M. Gottsche, for appellee.