Scudder v. Budd

1. Complainant and defendant agreed to build houses for sale, the latter to advance the money and the former to contribute his skill and time as superintendent, each to have half of the profits after sale. — Held that, independently of the question whether a partnership existed between the parties, complainant was entitled to maintain an action for an accounting. 2. Defendant had no right to charge complainant with the land used for building purposes at a greater price than its original cost, though it was bought with money furnished by him, and the title was taken in his name. 3. Complainant -was not entitled to have the value of land bought for building purposes, but not used, brought into the account, since he had no interest in the land, but only in the profits arising from buildings erected thereon. 4. It appearing without contradiction that defendant was to furnish all the capital, but was not to be allowed interest till the completion of each particular building operation, he was not entitled to a credit for. interest on a pui> chase-money mortgage given by him for land till the building thereon was completed.