Osburn v. Haines Enterprises, Inc.
Osburn v. Haines Enterprises, Inc.
Opinion of the Court
This is a suit against defendant Haines Enterprises, Inc., the purchaser, to foreclose a contract for the sale of the John Jacob Astor Hotel in Astoria. Elizabeth Leding, whom we shall hereafter refer to as defendant, became a party by way of cross-complaint in which she sought equitable relief in the form of an accounting by plaintiffs for the operation of the hotel and for a judgment against plaintiffs for one half the value of the hotel less the amount of $15,000 paid to her by plaintiff, John Osburn, for her stock in the hotel. Defendant Leding appeals from a decree dismissing her cross-complaint. Defendant Haines Enterprises, Inc. does not appeal.
Defendant’s claim for relief rests upon the theory that she and John Osburn had entered into a partnership or a joint venture for the operation of the hotel prior to the contract of sale entered into with Haines Enterprises, Inc. Prior to the execution of the contract the hotel was in serious financial difficulty.
Plaintiff, defendant and Elise Blissett, stockholders of the hotel corporation, tried various methods of making the hotel a profitable operation but they
The record will not sustain defendant’s contention that she and plaintiff were engaged in a joint venture. Even if a joint venture had existed however, the evidence shows that before she sold her stock to Osburn defendant was informed by her attorney of all the essential facts relating to the prospective sale of the hotel.
The decree of the trial court is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.