
    Frederick H. Heineman, Respondent, v. City Investing Company, Appellant.
    
      Accounting — joint venture — action for accounting of profits of a joint venture.
    
    
      Heineman v. City Investing Co., 209 App. Div. 883, affirmed.
    (Argued December 19, 1924;
    decided January 21, 1925.)
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 6, 1924, unanimously affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The action was in equity for an accounting of the profits in the possession of the defendant arising from a joint adventure involving the purchase and sale of real property in the borough of Manhattan, New York city. The plaintiff, as assignee, sued upon two written contracts providing in the aggregate for a fifteen per cent interest in the said profits.
    
      Edward F. Clark, Leonard J. Reynolds and Roger Hinds for appellant.
    
      Edgar M. Souza and Louis M. Loeb for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Cardozo, Pound, Crane, Andrews and Lehman, JJ. Absent: McLaughlin, J.  