Bolen v. Hamilton Orchards
In 1984, John Bolen, James Bartels and Terrence Devine entered into a partnership agreement for the operation of defendant Hamilton Orchards, a California general partnership, for the purpose of engaging in farming and related activities. In December 2001, John Bolen died and his wife, plaintiff Karen Bolen, sought a buyout of his interest in the partnership. Devine and Bartels initially believed a buyout of John Bolens interest was required by the partnership agreement and proceeded accordingly. However, in October 2002, Devine was reminded of a provision in the partnership agreement that appeared to eliminate the interest of any partner upon his death. Devine thereafter refused to pay plaintiff anything on John Bolens interest. court conclude the extrinsic evidence the trial court refused to consider did not render the partnership agreement susceptible to a meaning that would have preserved John Bolens interest in the partnership after his death. Court therefore affirm the judgment.
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