Guy C. Mariner, Inc. v. Hughes

The complaint contains two causes of action, each in quantum meruit. Plaintiff has erected upon land belonging to defendant at Pelham Manor, Westchester county, a residence for her occupancy, and two houses which were built for the purpose of being sold.

The first cause of action is for services in constructing the personal residence; the second, for services in building the two other houses.

The defendant interposed a general denial. At trial she asserted that a joint venture existed in the enterprise and that plaintiff was entitled to no compensation because a loss, instead of a gain,…