Majority
p. 778Frank Walker and John Von Praag, Appellants, v. James L. Hand, Respondent.
Judgment dismissing complaint on the merits reversed upon the law and the facts, and new trial granted, costs to abide the event. We think that upon the evidence adduced by plaintiff, the agreement between the parties was for a joint venture. Kelly, P. J., Manning, Young and Lazansky, JJ., concur; Kapper, J., dissents, and votes to affirm, upon the ground that no contract was made.