KIRKPATRICK v. SMITH

Docket No. 18979.

113 Cal.App.2d 409 (1952)

248 P.2d 534

KENNETH KIRKPATRICK, Appellant, v. MARSHALL ADAMS SMITH et al., Respondents.

Court of Appeals of California, Second District, Division Three.

September 30, 1952.


Attorney(s) appearing for the Case

Warren White for Appellant.

Roger W. Young for Respondents.


VALLEE, J.

Appeal by plaintiff from a judgment awarding him $2,734.27, with interest, in an action against his coadventurer seeking monies due under a contract. The joint venture was unsuccessful, and the amount awarded plaintiff represents his share of the distributable proceeds after deduction of the loss sustained.

On November 12, 1947, plaintiff and defendant Marshall Adams Smith entered into a written contract to construct a house upon land owned by defendant...

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