Smith v. Imhoff

Citations

• 89 Wash. 418
• 154 P. 793
• 1916 Wash. LEXIS 705

Syllabus

<p>Frauds, Statute oe — Agreement as to Real Estate — Special Partnership — Trusts. A special partnership in real property, which need not be in writing, is created, where it was orally agreed that the defendant should purchase certain property and put up the cost of platting it, and that the plaintiffs should forego their commissions, have the same surveyed and sell it, the profits to be equally divided; hence the same is not within the statute of frauds, and the principle of trust, express or resulting, is not applicable.</p> <p>Partnership — In Real Estate — Profits—Instructions. In such a case, it is proper to instruct that, if such an agreement was entered into and the defendant paid the purchase price and expenses and agreed that the profits should be equally divided, the plaintiffs were entitled to one-half the profits, and it was not necessary to instruct as to the existence of the partnership, that being a question for the court upon the admitted facts.</p>