Tirrell v. Jones

Inteeest on Money Advanced on a Conteact.—In a contract between two parties, in which it is conditioned that one shall advance the necessary funds in the execution of tlio contract, and the other his services, skill and experience, and that each shall receive an equal portion of the profits, the parly advancing the money is not entitled to interest on the same in the absence of any agreement .that lie should receive interest.

Appeal from the District Court of the Seventh District, Solano County. This is an action upon an alleged contract by which the • plaintiff claims one half the profits made by the defendant in the purchase and sale of a lot of cattle. It was alleged in the complaint that defendant agreed with plaintiff that if he would accompany him to the lower part of the State and lend his assistance and personal services in the purchasing, driving and taking care of a lot of cattle, he (defendant) would furnish all the money necessary in the business without charge therefor, and would market and sell said cattle, and upon tlie completion of the contract would share equally the profits thereof with plaintiff. The case was tried by a jury, who found: First—That there was a contract as set up in the complaint. Second— That there was a profit of $2,018, and that “therefore we find for the plaintiff the sum of $1,009.” The defendant moved for a new trial, which was denied; and from the judgment and order denying a new trial this appeal is taken.