Troy Co. v. Perry

This action by The Troy Company is one to recover on an express contract for the furnishing of plumbing materials and services on two properties held in a co-tenancy by Phillip and Helen Dimitriades and by Raymond J. and Janice P. Perry. During the course of trial to the court, although the complaint stated a cause of action for express contract liability, the plaintiff argued that there was liability on Perry because, alternatively, Dimitriades was the agent of Perry, that Dimi-triades and Perry were partners, or that they were engaged in a joint venture. Recovery was rejected by the trial…