Plaintiff and defendants, joint adventurers, entered into an agreement whereby plaintiff was allegedly entitled to a cash payment from the funds of the joint undertaking. Plaintiff brought an action against defendants to recover the amount claimed. Neither party requested termination of the business. The trial court ordered a reference for accounting and then, without terminating the joint adventure, found that plaintiff was entitled to be paid out of the assets of the joint adventure as agreed. On appeal, held, reversed. As plaintiff and defendants were joint venturers it was necessary to have a termination of the joint adventure and an accounting of all transactions thereof before plaintiff could bring suit to recover the amount due him under the agreement. Cunningham v. De Mordaigle, (Cal. App. 1947) 186 P. (2d) 423.
Ralph J. Isackson,
JOINT ADVENTURE--RIGHT OF CO-ADVENTURERS TO SUE EACH OTHER AT LAW,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol46/iss6/19