De La Garza v. Ryals

CULVER, Justice.

This appeal lies from an order of the district court sustaining appellee’s motion for summary judgment. Appellant E. de la Garza instituted this suit, alleging that in 1947 he and appellee H. T. Ryals associated themselves together as joint adventurers in nine separate construction jobs, agreeing to share equally the profits and losses. Appellant claims that the appellee is indebted to him in the sum of $7,000, representing the balance owing to him of his share of the profits realized from these joint undertakings, and prays for an accounting and judgment.

Appellee filed an…