93 N.Y.S. 198 | N.Y. Sup. Ct. | 1905
The plaintiff’s evidence shows that in May, 1903, he and the defendant Martin agreed to undertake as a joint venture the obtaining of a long term lease upon certain unimproved premises at the comer of One Hundred and Forty-ninth street and Third avenue, borough of The Bronx, New York city, for the purpose of erecting thereon a building with money to be borrowed; that they would share equally all expenses of the enterprise, and that the lease should be taken in the name of some person or corporation to be mutually agreed upon. The plaintiff is a real estate broker. The defendant conducts a meat, fruit and vegetable market. In pursuance of the contract they co-operated for many months and finally agreed with the agents of the owner of the vacant land sought to be acquired upon the terms of a lease, and that lease was executed by the owner and for several weeks remained in the hands of such agents, awaiting the performance on the part of the plaintiff and Martin of their undertaking to obtain indemnity in the amount of $25,000, as security for
Judgment accordingly.