254 A.D. 563 | N.Y. App. Div. | 1938
In this suit for an accounting of a joint venture between the parties in the purchase and sale of real estate, defendant claims that he has been improperly charged with the value of certain real estate found to be that of the joint venture and improperly denied credit for sums claimed to have been expended on behalf of the joint venture. Defendant’s testimony that plaintiff released his interest in the real estate in question is uncontradicted by testimony, although plaintiff had opportunity to deny it or to explain the matter. Defendant’s testimony should not have been disregarded. (Hull v. Littauer, 162 N. Y. 569, 572; Gnichtel v. Stone, 233 id. 465, 468, 469; Zauderer v. Market St. Long Beach Realty Cory., 227 App. Div. 626.) Documentary evidence explained satisfactorily defendant’s claimed admission to the contrary. Defendant was not entitled to the credit claimed for expenditures made. When he acquired sole title to the Boyko Building under the circumstances shown, whatever liabilities he had assumed in connection wdth mortgages
