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KRASNE v. TEDESCHI & GRASSO

436 Mass. 103 (2002)

JAMES L. KRASNE & another, trustees, v. TEDESCHI & GRASSO & others; DAVID S. MORTENSEN, plaintiff in cross claim.

Supreme Judicial Court of Massachusetts, Suffolk.

February 19, 2002.

Attorney(s) appearing for the Case

Michael C. Gilleran for David S. Mortensen.

Gordon P. Katz for the plaintiffs.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.

IRELAND, J.

In this case, we consider whether a former partner is discharged from debts incurred by the partnership. Because we agree with the trial judge's determination that, under G. L. c. 108A, § 36 (2), the conduct of the parties did not imply an agreement to discharge the former partner from liability, we affirm the judgment entered in the Superior Court for the plaintiffs. We remand the case, however, for recalculation...

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