Clyde v. Schaller

In an action for an accounting under an oral agreement of joint venture under which the parties were to divide the profits of a contract for the alteration of a building, interlocutory judgment in favor of plaintiff unanimously affirmed, with costs. It was established by a preponderance of the evidence that plaintiff was not employed by the owners of the property to supervise the work of construction in their behalf. The individual defendant testified that plaintiff did not in fact superintend the work. Under these circumstances there was no room for the conclusion that the contract sued upon…