Mosebach v. Blythe

SNELL, Judge.

Plaintiffs appeal from that portion of the trial court’s judgment which denied them recovery against defendant. Plaintiff Mosebach and defendant Blythe, co-owners of Elberon Elevator, had agreed in writing to either sell Elberon by November 15,1972 or, if a sale had not been effectuated by then, to discontinue operations by December 31, 1972. Mosebach and Blythe further agreed to jointly inject sufficient, capital into Elberon to cover Elberon’s various debts. Mosebach sought at trial to recover from Blythe a proportionate share of funds injected by him into Elberon claiming that…