Cross v. O’Heir

Court properly granted Defendant's motion for summary judgment as to easement claim, and as to partnership dissolution and accounting claim, and fraud counterclaim. As easement was ambiguous, court properly considered extrinsic evidence to determine parties' intent in creating easement. Partnership agreement provided that it would continue for 40 years unless terminated sooner by operation of law or by agreement of partners. Court properly found that partnership was not dissolved until partnership no longer retained any property. (WRIGHT and CARTER, concurring.)