Charlie Waugh owned and operated an auto parts junkyard in Georgia. Charlie’s son, Mack, started working in the business part-time as a child and fulltime when he left school at the age of sixteen....

Charlie Waugh owned and operated an auto parts junkyard in Georgia. Charlie’s son, Mack, started working in the business part-time as a child and fulltime when he left school at the age of sixteen. Mack oversaw the business’s finances, depositing the profits in a bank. Charlie gave Mack a one-half interest in the business, telling him that if “something happened”to Charlie, the entire business would be his. In 1994, Charlie and his wife, Alene, transferred to Mack the 450 PART TWO Private Law and the Legal Environment of Business land on which the junkyard was located. Two years later, however, Alene and her daughters, Gail and Jewel, falsely convinced Charlie, whose mental competence had deteriorate, that Mack had cheated him. Mack was ordered off the land. Shortly thereafter, Charlie died. Mack filed a suit in a Georgia state court against the rest of the family, asserting, in part, that he and Charlie had been partners and that he was entitled to Charlie’s share of the business. Was the relationshipbetween Charlie and Mack a partnership? Is Mack entitled to Charlie’s “share”? Explain. Waugh v. Waugh, 595 S.E.2d 647 (2004).