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Corporations Keyed to O’Kelley
Kovacik v. Reed
Citation:
315 P.2d 314 (1957)Facts
Early in November, 1952, Kovacik told Reed that Kovacik had an opportunity to do kitchen remodeling work for Sears Roebuck Company in San Francisco and asked Reed to become his job superintendent in this venture. Kovacik said he had about $10,000 to invest in the venture and that, if Reed would superintend and estimate the jobs, Kovacik would share the profits with Reed on a 50-50 basis. Reed accepted the proposal and commenced work. Reed’s only contribution was his own labor. The venture bid on and was awarded many remodeling jobs. Reed worked on all of the jobs as superintendent. During August 1953, Kovacik demanded contribution from Reed as to amounts which Kovacik claimed to have advanced in excess of the income received from the venture. Reed at no time promised or agreed that he was liable for any of the venture’s losses. Kovacik thereafter instituted this proceeding, seeking an accounting of the affairs of the venture and to recover from Reed one half of the losses.
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