126 N.Y.S. 513 | N.Y. App. Div. | 1910
The defendants appeal from a judgment of foreclosure of a mechanic’s lien. They concede that the “ real issue ” was whether there was a copartnership between the plaintiff and Goldberg, who is not a party. The County Court held against them upon this issue. It is not disputed that the plaintiff agreed to pay to Goldberg one-half of the profits. The plaintiff’s, version of this arrangement is that when Levy, the original associate of the plaintiff in' the work, withdrew after a few days, the plaintiff offered to continue the work, whereupon the defendant Sassulsky insisted that the plaintiff must give Goldberg, his brother-in-law, the opportunity to take part in the work. The plaintiff refused to take Goldberg as a partner, but offered to give to him one-half of the profits in return for his services. The work did not call for-a large number of men, and Goldberg acted as superintendent in the absence of the plaintiff.
Burr, Thomas, Rich and Carr, JJ., concurred.
Judgement of the.County Court of Kings county affirmed, with costs. '
4th ed. p. 40,, n,— [Rep.
17 Yesey, 403.—'[Rep..