Andrews

Plaintiff brought this action against defendant alleging in his amended complaint the existence of a joint adventure between them regarding a real estate deal, that the joint adventure had been completed and certain profits made, all of which had been retained by defendant, and asked for an accounting. Defendant’s answer denied the allegations of the complaint and alleged that the action was barred by the provisions of subdivision 1 of section 339 of the-Code of Civil Procedure and that plaintiff was estopped to claim any share of the profits.

The court found for the most part in accordance with the allegations of the amended complaint. It further found, however, that in one particular the minds of the parties did not meet—plaintiff believing he was to receive back all moneys advanced by himself with interest and in addition thereto one-half of all profits—defendant believing and thinking that plaintiff believed that all sums received from the deal were to be divided equally without any reimbursement to plaintiff for the money he had originally advanced. The court adopted the latter of these two methods for its accounting, found plaintiff’s share to be $8,270.77, that the action…