TOUCEDA v. CONSOL. CAR HEATING CO., INC.


276 A.D. 885 (1949)

Enrique G. Touceda, on Behalf of Himself and Others Similarly Situated, Respondent-Appellant, v. Consolidated Car Heating Company, Inc., et al., Appellants-Respondents, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 29, 1949.


Plaintiff and the defendant Consolidated Car Heating Company, together with other individuals, became engaged in a joint enterprise, under a written agreement, for the manufacture and sale of patented articles. The defendant company had control of the business and assets of such enterprise. Differences arose between the plaintiff and the company as to methods practiced by the latter in regard to charges and the distribution of profits, and plaintiff thereupon brought an action...

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