358.310. Causes of dissolution. — Dissolution is caused:
(1) Without violation of the agreement between the partners,
(a) By the termination of the definite term or particular undertaking specified in the agreement;
(b) By the express will of any partner when no definite term or particular undertaking is specified;
(c) By the express will of all the partners who have not assigned their interests or suffered them to be charged for their separate debts, either before or after the termination of any specified term or particular undertaking;
(d) By the expulsion of any partner from the business bona fide in accordance with such a power conferred by the agreement between the partners;
(2) In contravention of the agreement between the partners, where the circumstances do not permit a dissolution under any other provision of this section, by the express will of any partner at any time;
(3) By any event which makes it unlawful for the business of the partnership to be carried on or for the members to carry it on in partnership;
(4) By the death of any partner;
(5) By the bankruptcy of any partner or the partnership;
(6) By decree of court under section 358.320.
Notes of Decisions
Scott v. Edwards Transp. Co., 807 S.W.2d 75 (Mo. 1991).
· cites it 6× “" Section 358.310(1)(c), RSMo 1986. Dissolution does not terminate the partnership until the partnership affairs are wound up.”
Meyer v. Lofgren, 949 S.W.2d 80 (Mo. Ct. App. 1997).
· cites it 2× “Section 358.310 of the Uniform Partnership Act, dealing with situations which result in the dissolution of partnerships, has been interpreted to include the unilateral expulsion of a partner, which is our situation here.”
Haynes v. Allen, 482 S.W.2d 85 (Mo. Ct. App. 1972).
· cites it 2× “Defendants’ interpretation of the contract would be contrary to this general principle as well as the meaning of the unmodified word “agreement”.”
Fischer v. Brancato, 937 S.W.2d 379 (Mo. Ct. App. 1996).
· cites it 2× “Such an express intention to divorce his partner from further connection with the business was an act of dissolution by Brancato under § 358.310, RSMo(1994). See Stein, 492 S.W.”
Schoeller v. Schoeller, 465 S.W.2d 648 (Mo. Ct. App. 1971).
· cites it 2× “” Section 358.310 provides for the situations which result in dissolution.”
Sheridan v. McBaine, 660 S.W.2d 188 (Mo. Ct. App. 1983).
“Thus, the principle that a partnership dissolves upon the death of any partner unless the articles of agreement provide for continuance [§§ 358.310(4) and 358.180, RSMo 1978; Hidden v.”
Stein v. Jung, 492 S.W.2d 139 (Mo. Ct. App. 1973).
“His expressed intention to divorce his partner, however, from any further connection with the business was an act of dissolution under § 358.310(1) (b), RSMo 1969, V.A.M.S. This section and subsection provides that dissolution is caused by the express will of any partner when no…”
Mo. Rev. Stat. § 358.310(1): 2 cases
Haynes v. Allen, 482 S.W.2d 85 (Mo. Ct. App. 1972).
“Defendants’ interpretation of the contract would be contrary to this general principle as well as the meaning of the unmodified word “agreement”.”
Stein v. Jung, 492 S.W.2d 139 (Mo. Ct. App. 1973).
“His expressed intention to divorce his partner, however, from any further connection with the business was an act of dissolution under § 358.310(1) (b), RSMo 1969, V.A.M.S. This section and subsection provides that dissolution is caused by the express will of any partner when no…”
Mo. Rev. Stat. § 358.310(1)(c): 1 case
Scott v. Edwards Transp. Co., 807 S.W.2d 75 (Mo. 1991).
“" Section 358.310(1)(c), RSMo 1986. Dissolution does not terminate the partnership until the partnership affairs are wound up.”
Mo. Rev. Stat. § 358.310(4): 1 case
Sheridan v. McBaine, 660 S.W.2d 188 (Mo. Ct. App. 1983).
“Thus, the principle that a partnership dissolves upon the death of any partner unless the articles of agreement provide for continuance [§§ 358.310(4) and 358.180, RSMo 1978; Hidden v.”
Mo. Rev. Stat. § 358.310(l)(c): 1 case
Scott v. Edwards Transp. Co., 807 S.W.2d 75 (Mo. 1991).
“" Section 358.310(1)(c), RSMo 1986. Dissolution does not terminate the partnership until the partnership affairs are wound up.”
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