MORGAN GUARANTY TRUST COMPANY OF NEW YORK v. Alexander Equities

Bowles, Justice.

In 1973, Alexander Equities, Inc., Larry Spielberger and Stanley Slutzky entered into an agreement which they styled a Joint Venture Agreement for the purpose of acquiring, holding, managing, and improving certain real property in Gwinnett County. Though the trade name "SAS Properties” appears in the agreement, no trade name registration was ever filed. Title to the property was taken in the name of Alexander Equities and Spielberger as tenants in common with no mention of "SAS Properties” or of the joint venture in the deeds. In 1975, Spielberger assigned his right to receive…