Greenberg v. Rose

SHINN, P. J. This is an appeal by defendants Rose, Cominos and Young from a judgment declaring plaintiff Greenberg to be entitled to one-fourth of the net profits of a joint venture for the production of a motion picture, the subject of which was mosaics.

Young was a mosaics craftsman; Rose was a film specialist ; Cominos and Greenberg came into the venture through the submission of scripts, the one prepared by Cominos having been selected. It was orally agreed that Rose would provide the equipment and film, for which he would be reimbursed; all the participants were to give their services and endeavor to obtain outside financing, but there was no agreement for the contribution of any specific funds by the parties. Shooting of film commenced in October 1954 and continued on week ends to completion in July 1956. The picture has now been sold and the proceeds are subject to distribution. Rose contributed his services, camera, film and $91.57 in cash, all four contributed services, and Cominos contributed $50 in cash. There was no outside financing.

Greenberg testified that he devoted 100 hours of work on the project; Cominos estimated that he had put in 500-600 hours.

Appellants admit that the joint venture agreement called for a four-way division of profits after Rose was reimbursed and the others had received a return of their cash contributions, but they contend the joint venture was terminated by their expulsion of Greenberg for cause. Therefore, they contend, he should receive compensation for his services but no part of the profits. The ouster of Greenberg is asserted to have taken place in May 1955 when some 80 per cent of the picture had been made. After that time Greenberg rendered no services but neither did he refuse to contribute his work.

The contentions of appellants rest upon the alleged dissolution of the joint venture. They say that Greenberg did not perform his part of the agreement; he failed to contribute money or to seek other financing and they became dissatisfied with his services and discharged him. This contention does not deserve consideration on the appeal. Appellants have [534]not furnished in their brief or a supplement thereto a statement of the evidence with respect to the alleged failure of Greenberg to perform the agreement on his part. (Rule 13, Rules on Appeal.)

The parties assume that the findings establish that Green-berg did render performance for as long as he was permitted to participate and that his attempted ouster was wrongful and the briefs are written upon that supposition. We shall not search the records for the evidence bearing upon this issue. (Goldring v. Goldring, 94 Cal.App.2d 643 [211 P.2d 342]; Hickson v. Thielman, 147 Cal.App.2d 11, 15 [304 P.2d 122], and cases cited.)