Mervis v. Duke

On July 1st, 1933, Julius G. Mervis, Sidney Duke, and Philip Duke entered into a profit sharing agreement for the operation of a tavern in Baltimore City, under which. Mervis was to furnish $500, in return for which the two Dukes were to manage the business, and pay to him one-third of its profits, without any liability in him for its losses, and to repay the $500 from profits.

The Dukes, appellees here, repaid part of the money advanced, but failed to pay the balance, or account for the profits of the business. Mervis thereupon filed the bill in this case to compel them to repay the balance…