Moore

On May 14, 1953, the parties to this action entered into an agreement providing that it was agreed by the plaintiff Moore that the total labor and costs of framing the houses then under construction on certain lots in Santa Ana would be $500 each; that all materials used on said jobs were to be ordered and paid for by Rogers; and that “For use of Moore’s contracting license on the city building permits for houses on the above numbered lots, and for his help and supervision on the jobs, Moore agrees to accept 25% of the profits,” the profits to be the net above all costs of the land and improvements after all said houses were sold and all bills paid. On August 7, 1953, the plaintiff signed a document entitled “General Contractor’s Waiver.”

In this action brought on August 22, 1955, the plaintiff alleged that these houses had been completed and sold; thalj the defendant had realized a net profit in excess of $3,500 from the construction and sale of these houses; and that the defendant had refused to pay him any portion of said profits. In separate causes of action similar allegations were made with respect to other contracts and houses constructed upon other lots. The prayer was…