Soncuya v. de Luna G.R. No. L-45464, April 28, 1939, Villa-Real, J.

Facts:

Petitioner filed a complaint against respondent for damages as a result of the

fraudulent administration of the partnership, Centro Escolar de Senoritas of
which petitioner and the deceased Avelino Librada were members. For the
purpose of adjudicating to plaintiff damages which he alleges to have suffered as
a partner, it is necessary that a liquidation of the business be made that the end
profits and losses maybe known and the causes of the latter and the
responsibility of the defendant as well as the damages in which each partner may
have suffered, maybe determined.

Issue: Whether the petitioner is entitled to damages.

Ruling:

According to the Supreme Court the complaint is not sufficient to constitute a

cause of action on the part of the plaintiff as member of the partnership to collect
damages from defendant as managing partner thereof, without previous
liquidation.

Thus, for a partner to be able to claim from another partner who manages the
general co-partnership, allegedly suffered by him by reason of the fraudulent
administration of the latter, a previous liquidation of said partnership is
necessary.