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WOOTEN v. MARSHALL

No. 235, Docket 25951.

279 F.2d 558 (1960)

James A. WOOTEN, Plaintiff-Appellee, v. Raymond W. MARSHALL, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided June 3, 1960.

Attorney(s) appearing for the Case

Jacquelin A. Swords, of Cadwalader, Wickersham & Taft, New York City (Steve C. Dune, New York City, on the brief), for defendant-appellant.

George H. Schwartz, of Schwartz & Nathanson, New York City (Paul E. Gelbard, of Schwartz & Nathanson, New York City, on the brief), for plaintiff-appellee.

Before CLARK, MOORE, and FRIENDLY, Circuit Judges.

CLARK, Circuit Judge.

Plaintiff seeks to establish a joint venture with defendant Marshall in the purchase of 160 acres of land, known as the Young tract, located in Anchorage, Alaska, and to compel defendant to account for the profits realized from the sale of the property. The court below granted the relief sought, D.C.S.D.N.Y., 173 F.Supp. 230, and defendant appeals. Upon conflicting...

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