Coley

Appellant sued to recover treble the amount alleged to have been paid to respondent as interest for the use of money in violation of the statute against usury. (Stats. 1919, p. lxxxiii.)

The parties entered into a contract in writing in the following language:

The Contra Costa County property was later sold for $16,000 and if the transaction between the parties was a loan and the profits realized by the respondent were received as interest thereon the Usury Law was violated.

The trial court found “that the transaction between the plaintiff and said defendant Wolcott, referred to in the pleadings on file herein, did not originate in a negotiation for a loan; that the plaintiff did not on or prior to May 4, 1925, apply to the defendant for a loan; that the transaction between the parties was in the nature of a joint adventure with respect to said Contra Costa County property in which the plaintiff furnished the information and some time, thought and services to the sale of said property and in which the defendant Wolcott "was to furnish the money and was to give some of his time, thought and services to the venture, and the parties were to divide any profits made and the…