Lutz v. Lustbader

This action is for an accounting. It is admitted that the parties entered into a joint venture to purchase real estate in Florida and that each contributed thereto. The defendant contends that the whole investment was lost and, therefore, an accounting is unnecessary. The plaintiff contends that the matter was so arranged that the defendant has received a part of the consideration paid and will receive a further sum. We are not in a position to determine the amount received by the defendant from the joint venture or that he received anything. There is a finding of fact that he did receive a…