Gardner v. Shreve

Defendant appeals from a summary judgment in favor of plaintiff under section 437c of the Code of Civil Procedure in the sum of $5,000 with interest and costs.

On August 23, 1945, plaintiff Gardner agreed in writing to take part in the government surplus business of defendant Shreve, for which purpose he furnished $5,000 and promised to furnish $5,000 more as the business should progress, the profits to be divided equally. The agreement was supplemented on September 24, 1945, with a memorandum extending the field of action to certain manufacture. However, notwithstanding repeated demands of…