Berwin v. Cable

This is an action at law to recover one third of the profits of a joint undertaking. It is alleged in the first count of the declaration, which is the only count with which we are now concerned, that the plaintiff’s intestate, one Berwin, entered into an agreement with the defendants, Cable and Thomson, in accordance with which Berwin was to devote his time and efforts to secure from the United *432States government the sale to the defendants and himself of certain excess and surplus war material consisting of approximately two million pieces of underwear; that the underwear was to be purchased…