New Yorkers Producing Corp. v. Moss

The question for determination is whether the complaint states a cause of action.

Plaintiff pleads that it “ entered into a co-partnership and joint adventure ” with defendants for the production of a musical play at a theatre controlled by defendants in the city of New York. Plaintiff agreed to produce that composition, to hire and pay the performers and to afford the use of its costumes, scenery and other property in its presentation.

The gross income through paid admissions and other income received from the production, were to be so applied that, first, defendants would receive the overhead…