Staples

Staples v. Leidecker

Good Law
1932 Cal. LEXIS 618·216 Cal. 604·15 P.2d 514
Supreme Court of CaliforniaOctober 28, 1932Docket No. S.F. 14373.California1,221 words

Opinion

Lead Opinion

Waste, J.

Plaintiff appeals from a judgment entered in favor of the defendant in an action to terminate and dissolve an alleged “joint venture” and for an accounting.

Among other things, the complaint alleges that the plaintiff and defendant, uncle and nephew, respectively, entered into an oral agreement by the terms of which “they associated themselves together in a joint venture” for the purpose of manufacturing and distributing certain paper dispensers for which the defendant held letters patent; that it was mutually understood and agreed that the defendant was to transfer and assign his patent rights to a corporation thereafter to be organized and was to cause said corporation to issue forty-nine per cent of its authorized capital stock to the plaintiff in consideration of the latter’s advancement of all funds necessary to finance the manufacture and distribution of such paper dispensers by such corporation; that plaintiff has advanced $4,820.48 for the purposes designated and has otherwise fully and faithfully performed his part of the agreement; that the defendant at all times has neglected and refused to transfer his patent rights to the corporation as agreed and has likewise…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.