Cases - Davies v H. & R. Ecroyd Ltd

Record details

Name

Davies v H. & R. Ecroyd Ltd

Date

[1996]

Citation

2 EGLR 5

Keywords

Assets

Summary

The parties to this case entered into a farming partnership agreement on 1 February 1983 in relation to a dairy holding. It was agreed that the holding itself, which was owned by one of the parties, was not a partnership asset. Milk quota was subsequently allocated to the holding in April 1984. The partnership was dissolved in February 1998. The non-land-owning party then claimed that the milk quota was an asset of the partnership.

The milk quota was introduced after the parties entered into the partnership. It was impossible to attribute to the partners any intention other than that the milk quota should be treated in the same way as the holding. The milk quota allocated to the holding in 1984 was deemed not to be an asset of the partnership.