Cullens v. Phillips

Felton, Chief Judge.

Even if the allegations of the petition can be construed to allege the actual payment of the money by the plaintiff to the defendant, the petition fails to set out a cause of action against the defendant for the return of such money. Although the petition refers to the transaction as a “deposit,” it appears to have been rather a speculative investment. In fact, the petition refers to the money as “the aforesaid invested sum.” (Emphasis supplied.) Although the agreement provides for a sharing of any profits, it neither guarantees any profits nor makes any provision with…