HOUGH, Circuit Judge (after stating the facts as above).
It is proven, and was we think admitted, that Small and Taub were joint adventurers in the enterprise of procuring fruit in the vicinity of Yakima and marketing it in New York. The relation is now legally well known; it implies an agreement, but that agreement may not only be shown by parol (Burkardt v. Walsh, 49 App. Div. 634, 64 N.Y.S. 779); it may be implied in whole or in part from the conduct of the parties...
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