Binder v. Grossman

The plaintiff commenced this action in September, L944, to recover for the breach of an alleged oral agreement said to have been entered into in 1939, whereby a joint venture was formed between the parties relating to the purchase of real estate. The complaint demands an accounting of the profits which the plaintiff claims were made during the course of such venture. After joinder of issue, defendant served a demand *354for a bill of particulars. Upon plaintiff’s default in complying, defendant moved for an order of preclusion. Prior to the return day of said motion, plaintiff brought on a cross…