Johnson and Henderson Partnership v. Henderson

The party alleging that a partnership exists must show that there is “some evidence” of some of the factors in ORS 67.055(4)(a) for the factfinder to find that a partnership exists, and the question of “whether a partnership exists based on the evidence in the record will usually be a question for the jury.” Wirth v. Sierra Cascade, LLC 234 Or App 740, 761-65 (2010).

In a dispute over the existence of an alleged oral partnership agreement, Johnson filed a claim for declaratory judgment seeking a ruling declaring that a partnership existed, which would support his additional claims against the Hendersons for accounting, breach of contract, violation and enforcement of partnership duties, and unjust enrichment. Johnson assigns error to the trial court’s decision granting the Hendersons’ motion for summary judgment and dismissing Johnson’s claims. The party alleging that a partnership exists must show that there is “some evidence” of some of the factors in ORS 67.055(4)(a) for the factfinder to find that a partnership exists, and the question of “whether a partnership exists based on the evidence in the record will usually be a question for the jury.” Wirth v. Sierra Cascade, LLC 234 Or App 740, 761-65 (2010). The record shows that Johnson presented sufficient evidence of the alleged partnership using the factors provided in ORS 67.055(4)(a) and therefore created a genuine issue of material fact regarding whether a partnership was created. The trial court was incorrect to conclude otherwise and erred in granting the Hendersons’ summary judgment. Reversed and remanded as to plaintiffs’ claims; otherwise affirmed.