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CURLEY ELEC., INC. v. BILLS

No. 55408-5-I.

121 P.3d 106 (2005)

CURLEY ELECTRIC, INC., a Washington corporation, Plaintiff, v. Joseph BILLS and Jane Doe Bills husband and wife, individually and the marital community composed thereof, Respondents, C K International Corporation, a Washington corporation; and the Pike Street Corporation, a Washington corporation, Defendants/Cross-Defendants. Pike Street Corporation, Third Party Plaintiff, v. Clubland, Inc., a Washington corporation, Third Party Defendants. James Teply, Respondent. SUNSH9, LLC, Appellant.

Court of Appeals of Washington, Division 1.

October 17, 2005.

Attorney(s) appearing for the Case

Patrick F. Hussey, Anderson Hunter Law Firm PS, Everett, WA, for Appellant.

Joseph Bills (Appearing Pro Se), Tarl Raud Oliason, McKisson Sargent & Oliason PS, Jane Doe Bills (Appearing Pro Se), Seattle, WA, for Respondents.

Tarl Raud Oliason, McKisson Sargent & Oliason PS, Seattle, WA, for Respondent Intervenor.

GROSSE, J.

¶ 1 With respect to real estate, under the Revised Uniform Partnership Act (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...

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