Nazzaro v. Weiner

WORTENDYKE, District Judge:

This diversity action, sounding in contract, was commenced on July 31, 1962. Service was effected upon the defendants on August 7, 1962. The defendants filed answer on October 4, 1962, within time as stipulated between the parties. Security for costs was demanded and deposited. The answer included a counterclaim for a balance alleged to be due upon a loan by the corporate defendant to the plaintiff.

Among the issues presented by the pleadings was the question whether plaintiff was entitled to a share in the net profits of a textile dyeing and printing business to be…