Kessler (P) and Antinora (D) entered into an agreement entitled a Joint Venture Partnership Agreement. The venture was to build and sell a home. P was to provide all the necessary funds to purchase the land and construct the home. D was construct the dwelling and be the general contractor. Upon sale, P was to get paid for all his expenditures plus interest and of the remaining monies left after all third party fees were deducted, 60% of the profits. D was to get 40% of the profits. There were no provisions for losses. The agreement was executed but the real estate market did not cooperate. The house sold for $65,742 less than the cost to build it. P was out of pocket, $78,917 but sued D and claimed a total loss of $164,357. The trial judge found that statutory law partnership governed the agreement and it required each partner to contribute his or her share of the losses. P got a judgment for 40% of his losses against D or $65,742.80. D appealed.

This section contains the nature of the case and procedural background.

The legal issues presented in this case will be displayed here.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.