[Mortuary Blues] Jack and Bianca had a partnership running a mortuary. Bianca died, and after her death, Jack decided to shut down the mortuary. Jack incurred some expenses in closing the business affairs of the mortuary. He sought compensation for those expenses but Gus, the executor of Bianca's estate, objected. Gus also claimed that Jack had no rights in Bianca's share of the partnership property and that Gus, the executor, had the right to confiscate her share of the property and sell it at auction. Jack, however, took the position that all interests of Bianca passed to Jack and that Jack owed her estate nothing. The articles of partnership did not address death.
-Which of the following examples of sharing of profits could constitute evidence of the existence of a partnership?
A) Pablo, a photographer who sets up photoshoots, gives his friend Olita, who is learning the business, $100 for "helping him out" on the photoshoots.
B) Pablo, a photographer, gives his friend Olita, who owns a building, $500 for letting him use an apartment for his photoshoots.
C) Pablo, a photographer, gives Olita $500 from the fees of a photoshoot, to repay a loan.
D) After Pablo's photography partner dies, Pablo gives Olita, the partner's widow, $100 a month out of respect for Sander.
E) Pablo and Olita, two photographers, split the fees obtained at their photoshoots.
Correct Answer:
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