Garner v. Robbins Homes, Inc.

Henninger, P; J.,

— William F. Garner, Frederick E. Goldsmith and Herbert F. Everett on November 19, 1941, entered into an agreement with Robbins Homes, Inc., whereby for services to be rendered in a building operation they were each to receive one fourth of the net profit.

On June 20, 1946, Garner and the Goldsmith estate brought the above-captioned action in equity for an *316accounting. An answer was filed admitting the agreement, averring an amendment thereof as to Garner, denying that the parties were concerned in the number of houses claimed and stating that by reason of failure to dispose of…