Small v. Harper
Texas Court of Appeals
638 S.W.2d 24 (1982)
- Written by Whitney Kamerzel , JD
Facts
Jo Ann Small (plaintiff) left her husband to be with Aldean Harper (defendant) in a same-sex relationship. Small sued Harper to receive an equal portion of the property that was accumulated during the 15-year relationship. At trial, evidence was presented that Small and Harper were lovers and lived together for over a decade. Small and Harper divided household tasks such as cooking and cleaning, but Harper managed all the money. Small would endorse her own paychecks and immediately give them to Harper to manage. Small and Harper agreed to use their shared resources to accomplish their common goal of opening a business together and building a home for retirement. Small argued that this evidence established that Small and Harper entered into an oral partnership or joint venture. However, the trial court granted Harper’s motion for summary judgment. Small appealed.
Rule of Law
Issue
Holding and Reasoning (Dyess, J.)
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