J. LEO JOHNSON, INC. v. CARMER


156 A.2d 499 (1959)

J. LEO JOHNSON, INC., a corporation of the State of Vermont, et al., Defendants Below, Appellants, v. Dana E. CARMER, Plaintiff Below, Appellee.

Supreme Court of Delaware.

December 21, 1959.


Attorney(s) appearing for the Case

Harold Schmittinger, Dover, for defendant below, appellant.

Herbert L. Cobin, Wilmington, for plaintiff below, appellee.

SOUTHERLAND, C. J., and WOLCOTT and BRAMHALL, JJ., sitting.


BRAMHALL, Justice.

The question in this case relates to the alleged existence of the relationship of joint adventurers and the responsibility of the parties in the furtherance of the enterprise.

Plaintiff with one Norman C. Hicks and Leslie Fenwick negotiated with the Pennsylvania Railroad Company for the purchase of ballast and ties on the northbound track of the "Cape Charles line". It at once became apparent that...

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