Spivey v. W. B. Florence Banana Co.

CAYTON, Chief Judgej

The action below was for a balance due on a shipment of fruit sold by plaintiff to defendant and also for a share of profits in a carload of bananas which plaintiff claimed: the parties had agreed to handle -in a joint venture. ■ Defendant resisted both claims- and also interposed a counter-claim for moneys allegedly due him by plaintiff. The trial judge found for plaintiff on both items of his claim in the sum of $1415.62, deducted therefrom $144 which was stipulated as-being owed by plaintiff to defendant, and ordered judgment for plaintiff in the net sum of $1271.62.

Defe…