165. Position of partner claiming injunction.

A person claiming an injunction against partners who have excluded him from the management of the firm1 must naturally show that he is a partner and not an employee of the firm2, and must be in a position to perform his own part of the partnership agreement3. Thus, an application for an injunction to restrain another partner from receiving or dealing with partnership property, founded on charges of misconduct, will be refused if the claimant has himself acted improperly