Terry v. Simmons

This is a suit in equity in which plaintiff alleges that a parcel of real property in Portland belongs to plaintiff and defendant as partners and that defendant has wrongfully claimed the property as his own. The trial court found that the property belonged to the partnership and defendant has appealed. We review the evidence de novo.

Plaintiff and defendant were Portland business men who met socially about 1960 at the YMCA where they thereafter frequently played handball together. In his complaint in this case the plaintiff alleged that in 1965 he and the defendant agreed to become equal…