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PAN AMERICAN TRADE & I. CORP. v. COMMERCIAL METALS CO.

193 A.2d 88 (1963)

PAN AMERICAN TRADE AND INVESTMENT CORPORATION, a Delaware corporation, American Rail and Steel Co., a Delaware corporation, and Milton E. Canter, Plaintiffs Below, Appellants, v. COMMERCIAL METALS COMPANY, a Delaware corporation, Defendant Below, Appellee. COMMERCIAL METALS COMPANY, a Delaware corporation, Defendant Below, Appellee and Cross-Appellant, v. PAN AMERICAN TRADE AND INVESTMENT CORPORATION, a Delaware corporation, American Rail and Steel Co., a Delaware corporation, and Milton E. Canter, Plaintiffs Below, Appellants and Cross-Appellees.

Supreme Court of Delaware.

July 1, 1963.

Attorney(s) appearing for the Case

George T. Coulson of Morris, Nichols, Arsht & Tunnell, Wilmington, Milton E. Canter and Philip A. Ryan, Washington, D. C., for appellants and cross-appellees.

John P. Sinclair of Berl, Potter & Anderson, Wilmington, for appellee and cross-appellant.

TERRY, C. J., and WOLCOTT and CAREY, JJ., sitting.

WOLCOTT, Justice.

This cause is before this Court for the second time. The suit is one for an accounting between joint venturers. The Vice Chancellor held that there was in fact a joint venture between the parties, and ordered the defendant, Commercial Metals Company, to account to the plaintiffs, setting forth the principles to be followed, in that accounting. He refused, however, to compel the plaintiffs to account to the...

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