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.