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O'BRIEN v. HAFER

No. 52485-2-I.

93 P.3d 930 (2004)

122 Wash.App. 279

Sharon K. O'BRIEN; and Christian E. Pointer, Appellants, v. Robert E. HAFER and Jane Doe Hafer, husband and wife, and their marital community; Breanne Miller and John Doe Miller, husband and wife, and their marital community, Respondents, Richard Miller and Jane Doe Miller, husband and wife, and their marital community, Defendants.

Court of Appeals of Washington, Division 1.

July 6, 2004.

Attorney(s) appearing for the Case

Wendy Kay Anderson, Seattle, WA, for Appellants.

M. Colleen Barrett, Barrett & Worden PS, Seattle, WA, for Respondents.

PUBLISHED IN PART

COX, C.J.

A master-servant relationship under agency principles may arise when one engages another to perform a task for the former's benefit.1 In such a case, the one who seeks the benefit may either control or have the right to control the performance of the benefit.2 "It is the existence of the right of control, not its exercise, that is decisive."3

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