Fritz

This is an action on a common count for services rendered. Plaintiff had judgment against Arthur J. Fritz and two corporations. Judgment was in favor of another corporation defendant, and against all defendants on their cross-complaint. Defendants-cross-complainants appeal.

Plaintiff is an industrial traffic consultant. Fritz is a customs broker operating individually and through Arthur J. Fritz & Co., a corporation in which he owns all the stock. Fritz considered establishing a freight forwarding business to handle goods shipped from the Orient to the United States. In April 1959, he consulted plaintiff for advice as to tariff rates on consolidated shipments. It was agreed that plaintiff’s out-of-pocket expenses would be paid. For his services, he agreed to accept “a portion of the operation,” “an interest in the company,” or “stock in the corporation” to be formed. Fritz agreed to give “a small percentage” of stock, but no amount, either in proportion or number of shares, was discussed. The business was later incorporated, with all shares issued to Fritz. Both before and after incorporation, plaintiff expended time and effort in the venture. In October 1960, there was a dispute…