Wilson v. McVay

<p>Abstract of the Decision.</p> <p>1. Discovery, § 5*—when ground for discovery shown hy hill. A bill alleging that the complainant, with whom land was listed for sale, agreed with the defendant that if the, latter should find a purchaser they would divide the profit between them, that the defendant secured a buyer, and that conspiring with another, they sold the land and appropriated the profit to themselves, and refused to account to the complainant therefor, held not a bill for discovery.</p> <p>2. Partnership, § 18*—when sharing profits from land sold creates partnership. An agreement between one real estate agent with whom land is listed for sale to divide the profits with another agent if the latter procures a purchaser does not create a partnership between them.</p> <p>3. Equity, § 51*—when legal remedy adequate for recovery of profits between real estate agents. Equity is without jurisdiction of an action by a real estate agent, with whom land was listed for sale, against another agent for an accounting for profits received by the latter, who procured a purchaser under an agreement to divide the profits with the complainant, since the remedy at law was adequate.</p>