Partial judgment entered May 16, 1968, as appealed from, unanimously reversed on the law and the facts, with $50 costs and disbursements to appellant, and the judgment is vacated.
The original action was brought for an accounting of profits made and the return of moneys invested in a joint venture between the parties. On the trial it developed that defendant used the credit of the joint venture to purchase certain items of heavy machinery solely for defendant's account...
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