Lusher v. Silver

DRAPEAU, J. pro tem.

Plaintiff and defendant Jack T. Silver became acquainted in 1942; (defendant Lube Silver is the wife of defendant, Jack T. Silver, and appears in the case because title to certain properties and assets of the partnership hereafter discussed were carried in her name. Reference to defendant hereafter will be to defendant Jack H. Silver). Plaintiff was a real estate broker, defendant was not, but the defendant had money which he desired to invest in real estate. Plaintiff testified that in 1943 defendant suggested that plaintiff and defendant buy real estate, plaintiff to furnish his knowledge of realty values, and defendant to furnish the money; that defendant said he had $50,000 and could lay his hands on another $100,000; that defendant proposed they should go together and split the profits fifty-fifty; that plaintiff agreed, and suggested a written memorandum should be drawn up, but defendant replied.that it was not necessary, his word was as good as his bond.

Then plaintiff testified to the purchase of certain properties, to the manner of inspection of them by plaintiff and defendant; that advertisements for the sale of this real estate were placed in newspapers, and that the expense of advertising was paid equally by the parties.

In behalf of plaintiff, another witness testified to hearing conversations between the plaintiff and defendant relative to purchase and sale of property; another witness testified that defendant told her he was in the real estate business with plaintiff; another testified that the defendant introduced the plaintiff as his partner; another that the defendant told him that the plaintiff was his partner; others that the parties

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were together inspecting properties with a view to purchasing the same.

The trial court found that there was an oral agreement constituting a partnership between the parties for the purchase and sale of real estate, profits to be divided equally, took an accounting and found a balance due from defendant to plaintiff.

On appeal defendant contends that the language testified to by plaintiff “why not go together and buy ourselves properties and split the profits on them’’ is insufficient to establish a partnership as to the properties which the- court found they bought and sold as partners.