Nielsen
Nielsen v. Wong
Opinion
Lead Opinion
Peek, J.
Plaintiffs Riener C. Nielsen and Gene E. Moffatt, copartners, appeal from an adverse judgment in an action for damages resulting from the alleged breach of a joint venture agreement between themselves and defendant Warren C. T. Wong.
In January of 1957 the Board of Supervisors of San Joaquin County, by resolution, authorized Dr. Louis M. Barber, Administrator of the San Joaquin General Hospital, to contact plaintiffs and defendant, all of whom are licensed architects, concerning the design and construction of certain contemplated improvements to the hospital.
On February 5, 1957, pursuant to the previously mentioned resolution, Dr. Barber met with plaintiffs, at which time the intended improvements were discussed. The association between plaintiffs, whose offices were in Los Angeles, and defendant, a Stockton architect, was suggested by Dr. Barber for the purpose of precluding any criticism that local funds were being used to retain outside persons when local architects could perform the duties just as efficiently. A subsequent meeting was arranged, at which time the parties hereto orally agreed to submit a bid jointly and to equally divide the profits from the anticipated…