Judgement

Appeal from a judgment and decree of the High Court (Septem ber 8, 1914) varying a decree of Macleod J. (March 28, 1914).

The suit was instituted in the High Court by the Nawab Kamal Khan (now represented by the appellants) for a decree that a partnership between himself and the respondents, constituted by an agreement dated March 11, 1908, be dissolved, and for accounts.

The facts appear from the judgment of their Lordships.

Macleod J. found that the partnership business could only be carried on at a loss ; he decreed a dissolution from the date of the institution of the suit and made certain declarations as to the effect of the agreement as to the respective rights upon taking the accounts.

The present respondents appealed and the appellants cross-appealed.

Sir Basil Scott C. J. and Davar J. varied the decree. They held that the plaintiff was not entitled to sue for a dissolution of the partnership at the date of the institution of the suit, nor until the completion of the construction of the works, since the partnership agreement provided that the partnership should continue until that event. The works, however, being completed at the date of the decree, the partnershi