Michigan Compiled Laws
72-1917-VI - Part VI Dissolution and Winding Up. (449.29...449.48)
Section 449.39 - Dissolution; Rights of Partner When Partnership Dissolved for Fraud or Misrepresentation.

Sec. 39.
(Rights where partnership is dissolved for fraud or misrepresentation). Where a partnership contract is rescinded on the ground of the fraud or misrepresentation of 1 of the parties thereto, the party entitled to rescind is, without prejudice to any other right, entitled:
(a) To a lien on, or right of retention of, the surplus of the partnership property after satisfying the partnership liabilities to third persons for any sum of money paid by him for the purchase of an interest in the partnership and for any capital or advances contributed by him, and
(b) To stand, after all liabilities to third persons have been satisfied, in the place of the creditors of the partnership for any payments made by him in respect of the partnership liabilities, and
(c) To be indemnified by the person guilty of the fraud or making the representation against all debts and liabilities of the partnership.
History: 1917, Act 72, Eff. Aug. 10, 1917 ;-- CL 1929, 9879 ;-- CL 1948, 449.39

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 449 - Partnerships

Act 72 of 1917 - Uniform Partnership Act (449.1 - 449.48)

72-1917-VI - Part VI Dissolution and Winding Up. (449.29...449.48)

Section 449.29 - Dissolution of Partnership; Definition.

Section 449.30 - Dissolution; Partnership Not Terminated.

Section 449.31 - Dissolution; Causes.

Section 449.32 - Dissolution; Decree of Court.

Section 449.33 - Dissolution; Effect as to Authority of Partner.

Section 449.34 - Dissolution; Liability of Partner.

Section 449.35 - Dissolution; Power of Partner to Bind Partnership.

Section 449.36 - Dissolution; Effect as to Partner's Existing Liability.

Section 449.37 - Dissolution; Rights of Partner to Wind Up Partnership Affairs.

Section 449.38 - Dissolution; Rights of Partner to Application of Partnership Property.

Section 449.39 - Dissolution; Rights of Partner When Partnership Dissolved for Fraud or Misrepresentation.

Section 449.40 - Dissolution; Rules for Distribution of Assets and Liabilities.

Section 449.41 - Dissolution; Liability of Persons Continuing Business.

Section 449.42 - Dissolution; Rights of Retiring or Deceased Partner When Business Continued.

Section 449.43 - Dissolution; Accrual of Rights.

Section 449.44 - Limited Liability Partnership; Registration Procedures.

Section 449.45 - Registered Limited Liability Partnership; Name.

Section 449.46 - Registered Limited Liability Partnership; Liability of Partner.

Section 449.47 - Foreign Limited Liability Partnership.

Section 449.48 - Registration or Renewal for Limited Liability Partnership; Filing.