Gargan v Ruttle

• Jurisdiction: Ireland
• Judgment Date: 21 January 1931
• Date: 21 January 1931
• Court: High Court (Irish Free State)

I.F.S.]

Gargan

and

Ruttle

Action to determine partners' rights - Matters referred to arbitration -Arbitrator awarding goodwill, stock in trade, and other assets to one partner - Sum of money awarded to other partner - Meaning of "goodwill"- Partner not retaining goodwill and assets canvassing old customers - Injunction.

A dispute having arisen between the plaintiff and defendant as to whether a partnership existed between them, the plaintiff brought an action to have the matter determined. Subsequently the parties agreed to refer the matter to arbitration, and the arbitrator found that a partnership had existed between them, but that it had been dissolved. By his award the arbitrator directed that the goodwill, stock in trade, and all other assets of the business should belong to the plaintiff absolutely, and that the defendant was entitled to a certain sum of money for his share of the goodwill, stock in trade, and other assets of the business. The trade that had been carried on daring the partnership was that of wholesale dealers supplying the retail trade with sweets, confectionery, etc. The defendant used to travel through the country soliciting orders from retail dealers for these goods. After the arbitrator had made his award the defendant continued to travel through the country soliciting orders from retailers who had been customers of the firm before it was dissolved. The plaintiff applied for an interlocutory injunction to restrain the...