Harry R. Gordon Co. v. Garcia Sugars Corp.

The plaintiff, claiming to be a joint adventurer with the defendant under a written contract, demands judgment that the joint venture be dissolved; that an accounting be had and that the proceeds of the assets of the joint venture be divided between the parties according to their respective rights. The defendant appeals from the order which denied its motion to dismiss the complaint, contending that the agreement, annexed to the complaint, does not constitute the parties joint adventurers.

The contract recites that the defendant is engaged in the manufacture and sale of refined sugar and that…