Modell v. Newman Bros. ( 1935 )


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  • Per Curiam.

    The evidence offered by the plaintiff tended to establish that the transaction constituted a joint adventure. The plaintiff’s testimony together with the testimony of his attorney would, if believed, justify a finding that the agreement not only contemplated a sharing of profits but a contribution by the plaintiff of one-half of the capital required for the purchase of the merchandise which was the subject-matter of the joint adventure.

    The judgment should be reversed and a new trial granted, with costs to the appellant to abide the event.

    Present — Martin, P. J., Merrell, Townlet, Glennon and Untermyer, JJ.

    Judgment reversed and a new trial ordered, with costs to the appellant to abide the event.

Document Info

Filed Date: 12/27/1935

Precedential Status: Precedential

Modified Date: 10/27/2024