There are three components to a golf club; the grip, the shaft, and the head.

Tool Swing Inc. ("Tool'), owned by Pete Mack, is a specialty manufacturer of clubs. Many around Pete consider him "rich."

Duke, Pete's neighbor, is a struggling scientist. Pete describes Duke as "a materials nut who has never swung a golf club but who has developed the perfect plastic composite for a golf grip." Pete claims that Duke's grip produces a "feel" unlike anything on the market, weighs "virtually nothing," and has a natural

"tackiness" that assures no slippage in rain or in the toughest competition.

Pete calls Duke's discovery the "Ghost Grip". With Duke's permission, Pete has tested the "Ghost Grip" with 30 top professionals. The professionals enthusiastically endorsed the grip on the spot and requested permission to use it on their clubs.

Pete provided Duke $62,000 to cover third-party expenses incurred in developing the Ghost Grip. Pete also paid an additional $24,000 to test the grip with industry experts and professionals. Duke has always provided Pete with an accounting for all sums spent and has regularly asked Pete about documenting the money advances. Pete would always respond by saying, "Let's not get tangled up in paperwork now. Once this thing is perfected, I will take it to the moon, and we will both make a killing."

Pete and Duke never signed any document or discussed the specifics of their relationship. Last Monday, Duke visited Pete's home and delivered Pete a check for $92,000: The memo on the check read, "Loan repayment in full, plus interest at a rate-of 12% per annum." Duke thanked Pete and explained that he had just sold all rights irl the Ghost Grip to Nike for $7.8 million. Pete went berserk and mutilated the check in a rage: o bris oroqiug orl gnizzusaid YO

Was a partnership ofeated befween Duke and Pete? What additional facts might help in making a determination? If a partnership was created, what are Pete's rights?

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