Legal Opinion

Curley Electric, Inc. v. Bills

Court of Appeals of Washington

Decided October 17, 2005No. 55408-5-IPublishedCited by 3 opinions

1Opinion of the Court

*116¶1

Grosse, J.

— With respect to real estate, under the Washington Revised Uniform Partnership Act, chapter 25.05 RCW (RUPA) the question of whether the owners intend to form a partnership is one of fact. The burden of proving the existence of a partnership rests on the party alleging it, and its existence depends on the intention of the parties and the totality of the circumstances. Here, after a hearing on contested evidence, the trial court determined that Joseph Bills and James Teply entered into a partnership with respect to their real estate. We affirm.

FACTS

¶2 On July 8, 1992, Joseph Bills…

2Cases cited13 opinions

  1. Nicholson v. KilburyWashington Supreme Court · 1915
  2. Barnes v. McLendonWashington Supreme Court · 1996
  3. Seafirst Center Ltd. Partnership v. EricksonWashington Supreme Court · 1995
  4. Causten v. BarnetteWashington Supreme Court · 1908
  5. Eder v. ReddickWashington Supreme Court · 1955

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3Cited by3 opinions

  1. Simpson v. ThorslundCourt of Appeals of Washington · 2009
  2. Simpson v. ThorslundCourt of Appeals of Washington · 2009
  3. Dale Carey v. Matthew BumsteadCourt of Appeals of Washington · 2019

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