DRULEY v. PEYTON (1944)

PER CURIAM.

Petition for a hearing in this court is denied. Assuming, as contended by petitioner, that the statement of account in the foregoing opinion is erroneous on its face, nevertheless, the resume in the opinion of the facts stated in the complaint discloses that the amount claimed is within the jurisdiction of the superior court.

According to such resume the plaintiff was entitled to one-half the profit of his venture with defendant. Those profits totalled $7,900 ($2,500 credited on the purchase price and $5,400 paid to defendant). Offsetting plaintiff's claim for $3,950 (one-half of $7,900) was the $750 due on his share and the $1,000 which defendant had paid to him on account, a total of $1,750. Deducting this sum from plaintiff's share of the profits (as distinguished from charging it, or any part of it, against the joint account) leaves $2,200 as the amount claimed in the complaint.

TRAYNOR and SCHAUER, JJ., disentting.