Stitzer v. Fonder

Citations

• 214 Pa. 117
• 63 A. 421
• 1906 Pa. LEXIS 608

Syllabus

<p>Equity — A mounting — Mutual accounts — Discovery — Jurisdiction—Evidence — Books of account.</p> <p>A bill in equity for a discovery and for an accounting of profits under a contract, may be maintained where it appears that the contract imposed upon both parties mutual duties of accounting.</p> <p>In such a case books procured and opened by the parties for the purpose of keeping therein their joint accounts are admissible as evidence in support of the bill.</p> <p>On a bill in equity for discovery and an accounting, it appeared that the plaintiff and defendant agreed in writing that they would “together enter into certain contracts for municipal and government work, etc.,” defendant to advance all the moneys required, and the plaintiff “in lieu of advancing money shall devote his entire time and best services to the execution of the work thereupon.” Plaintiff was to receive $100 per month as compensation for his services, and a certain per cent “of the actual profits accruing from the business from said certain contracts” that he and the defendant “had mutually agreed to enter into, as aforesaid.” The defendant filed an answer in which he alleged that the contract was for the construction of underground conduits, sewers and drains, and that no contracts for such construction had been obtained. The answer admitted that the defendant had obtained a large number of contracts for general construction work. All of these contracts had been taken in defendant’s own name. Held, (1) that the agreement between the parties was not limited merely to contracts for conduits, sewers and drains; (2) that it was immaterial that the contracts were taken in the name of the defendant alone; (3) that the plaintiff was entitled to the equitable relief which he sought.</p>