Manzo v. Manzo

Appeal from an interlocutory judgment adjudging respondent to be the sole owner of a business operated under appellant’s name and directing that an accounting be had before an Official Referee. Judgment reversed, with costs, and a new trial granted. The court found- as a fact that respondent and appellant “ came to an oral agreement for the joint undertaking of a refuse collection business in the City of New York.” The first conclusion of law that respondent is the sole owner of the business is inconsistent with this finding, and neither it nor the judgment is supported by the other findings.…