a. What could DiFebo and Green have done to make this a partnership?
b. The court indicated that DiFebo and Green had used this document in lieu of a will. According to the court's interpretation, DiFebo was leaving half the value of the buildings to his daughters if Green still owned the buildings when he died. Other than that, he got nothing. Does that make sense? If he is not a part owner and partner, why are his daughters entitled to anything?
c. Why did DiFebo think he and Green were partners if they did not divide profits?
d. What did Green and DiFebo really intend?
e. What is the moral of this story?
Nancy Green borrowed money from Joseph DiFebo to make a down payment on four houses. She bought all four properties in her name alone. The two parties signed this document:
Nancy R. Green and Joseph A. DiFebo are equal partners in the following Wilmington, Delaware properties: 807 Pine Street, 427 East 3rd St., 611 East 7th Street, 613 East 7th Street.
On the death of Nancy R. Green, her half interest is left to her daughters, Kelly R. Green and Stacy R. Green. On the death of Joseph A. DiFebo, his half interest is left to his daughters, Amy DiFebo and Beth Durham. If Nancy R. Green survives Joseph A. DiFebo she makes all decisions on the above properties
DiFebo never asked Green for a share of the rentals from any of these buildings. He did perform some repair work on them. When the city condemned one of the properties, Green refused to give DiFebo half the proceeds. DiFebo testified that, in his mind, the money he transferred to Green established a partnership between them. Green testified that at no time did she consider their arrangement to be a partnership.