considered a partner because control of T-D has been wrested from the putative partners by the new Iranian government. Plaintiff has cited no authority for the proposition that this relieves him of liability for a debt incurred while he was a partner, before the takeover. I conclude that because he was a putative partner at the time he incurred the obligation, he remains liable to the plaintiff.
For all the foregoing reasons, the plaintiff's motion will be granted. An appropriate order follows.
NOW, May 18, 1982, upon consideration of the plaintiff's motion to amend the findings, memoranda submitted by the parties, oral argument held in open court on April 22, 1982, and for the reasons stated in the accompanying memorandum, IT IS ORDERED that
1. the plaintiff's motion is GRANTED,
2. solely to the extent they are inconsistent with the attached memorandum, my findings of fact, discussion, and conclusions of law dated October 29, 1981 are amended,
3. specifically finding of fact 43 is AMENDED to read as follows: "The March 31 Letter superseded the February 21 Agreement which had been suspended by T-D. It constituted a separate agreement between O&G Inc. and T-D in which T-D agreed upon the precise sum that was due and owing to O&G Inc. and promised unconditionally to make payment in full. The time fixed for payment was fifteen days after the availability of funds. In consideration for T-D's unconditional promise, O&G Inc. obligated itself to deliver to T-D the work product for which it had not been paid." (Testimony of Johnson, Justin & Taleghani; Findings of Fact PP 24-28, 32, 33, and 35; Memorandum dated May 18, 1982.
4. conclusion of law 2 is AMENDED as follows:
"Under the terms of the March 31 Letter to which Taleghani is bound as a partner, he promised unconditionally to pay the principal amount. The time fixed for payment is construed as a reasonable time in light of the non-occurrence of the event selected by the parties. A reasonable time has passed. The defendant is liable to the plaintiff for the principal amount of $ 157,755.19."
5. JUDGMENT WILL BE ENTERED FOR THE PLAINTIFF AND AGAINST THE DEFENDANT FOR THE PRINCIPAL AMOUNT OF $ 157,755.19 AND INTEREST THEREON AT 12% SINCE MAY 1, 1979.
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