||All England Reporter
|| All ER (D) 116 (Jul)
||Peter Brunner (instructed by Cleaver Thompson, Alfreton) for the claimants.
||Neil Mendoza (instructed by Ward Hadaway, Newcastle) for the defendants.
||10 July 2001
Partnership - Agreement - Oral agreement - Claimants alleging oral agreement with defendants that claimants part owners of business - Whether existence of oral agreement established.
On the evidence, there was substantial force to the claimants' contention that the defendants had agreed that the claimants would be 50% owners of their business. Subsequent events and conduct were consistent with the existence of such an agreement. Furthermore, the defendants had failed to establish on the evidence that they were unduly influenced by the claimants, either on the basis of actual or presumed undue influence. Accordingly, the claimants succeeded in establishing the existence of an oral agreement.
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