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SPIVEY v. W. B. FLORENCE BANANA CO.

No. 1023.

78 A.2d 861 (1951)

SPIVEY v. W. B. FLORENCE BANANA CO.

Municipal Court of Appeals for the District of Columbia.

Decided March 1, 1951.

Attorney(s) appearing for the Case

Joseph Lapiana, Jr., Washington, D.C., which whom Joseph G. Weeda, Washington, D. C., was on the brief, for appellant.

Morris Neidorf, Washington, D. C., with whom S. Gilbert Silverman, Washington, D. C., was on the brief, for appellee.

Before CAYTON, Chief Judge, and HOOD and CLAGETT, Associate Judges.

CAYTON, Chief Judge.

The action below was for a balance due on a shipment of fruit sold by plaintiff to defendant and also for a share of profits in a carload of bananas which plaintiff claimed the parties had agreed to handle in a joint venture. Defendant resisted both claims and also interposed a counter-claim for moneys allegedly due him by plaintiff. The trial judge found for plaintiff on both items of his claim in the sum of $1415.62, deducted therefrom $144...

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