Roberts v. Weiner

The plaintiff brought this action for an accounting by the defendant upon a joint adventure for the purchase and sale of automobiles which was terminated by the death of the plaintiff’s decedent. The court rendered judgment for the defendant upon the ground that the plaintiff had failed to sustain the burden of establishing that there were profits from the venture which were owing to the decedent’s estate. She has appealed. Whether it was essential for the plaintiff to sustain this burden of proof in order to be entitled to an accounting is the question decisive of the appeal.

The facts…