The case of Douglas Hillme v. Brent Chastain and C & H Custom Cabinets, Inc., discusses the elements that create the existence of a partnership, when there is no written agreement. After you research and read this case, determine if you agree with the courts ruling. Why?

Appellant, Brent Chastain, ("Chastain") appeals from the First Amended Judgment and Order Appointing Special Master rendered by the Circuit Court of Laclede County after a bench trial. The trial court found that a partnership existed between Chastain and Respondent, Douglas Hillme ("Hillme"), ordered an accounting and appointed a special master to assist in the process.(FN1) In his sole point on appeal, Chastain maintains there was insufficient evidence supporting the trial court's judgment finding that a partnership existed between himself and Hillme.

"Appellate review of a judgment in a court-tried case is that established in Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976)." Eul v. Beard, 47 S.W.3d 424, 425 (Mo.App. 2001). We must affirm the trial court's judgment unless there is no substantial evidence to support it, it is against the weight of the evidence, or it erroneously declares or applies the law. Id. at 426; Murphy, 536 S.W.2d 30 at 32. "The appellate court reviews the evidence in the light most favorable to the prevailing party, giving it the benefit of all reasonable inferences and disregarding the other party's evidence except as it supports the judgment." Meyer v. Lofgren, 949 S.W.2d 80, 82 (Mo.App. 1997). "It does not weigh the evidence and must give due deference to the trial judge in determining the credibility of witnesses." Id.

A partnership is statutorily defined as "an association of two or more persons to carry on as coowners a business for profit." Section 358.060.1.(FN2) Statutory rules applicable in determining the existence of a partnership are set forth in section 358.070.

A partnership has also been judicially defined as "a contract of two or more competent persons to place their money, effects, labor and skill, or some or all of them, in lawful commerce or business and to divide the profits and bear the loss in certain proportions." Meyer, 949 S.W.2d

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