Bosch

Action to recover profits earned in a joint venture.

Defendant had procured a contract to furnish the materials and perform the labor necessary for the work of furring, lathing and plastering a certain thirteen-story steel and concrete structure. The amount to be paid defendant for the entire work, unségregated, was the lump sum of $43,200, subject to increase or diminution in case of changes in the plans and specifications. After obtaining said contract defendant invited plaintiff, with whom he had former transactions, to join him as a partner in the performance of the part of the contract relating to the furring and lathing (excluding the plastering). Plaintiff accepted the offer and this portion of the contract was performed by them. The agreement between the parties was not reduced to writing, and after the work was finished a dispute arose between them as to the terms of the agreement relative to their joint adventure. Being unable to adjust their differences, the present action followed.

It was the claim of plaintiff at the trial that defendant agreed they should be paid a definite sum for the work, to wit: eighty-five cents a square yard. Defendant, on the other hand,…