Jacob M. Wittels and Malcolm Wittels V‪.‬

This action was brought by Jacob M. Wittels, and Malcolm Wittels was later joined as an additional party plaintiff by leave of court. The plaintiffs sought by the action to recover $5,000 from the defendants by reason of an alleged agreement by the defendants to pay that sum for a half interest in a joint venture in which all of the parties were alleged to have been engaged. The trial was to a jury, which found for the plaintiff in the sum sued for. The court sustained the defendants' motion for a new trial, and the plaintiffs appealed, seeking to have the verdict and judgment reinstated. The facts of the case, in so far as it is necessary to state them for a determination of this appeal, are that Jacob M. Wittels and his partners entered into an agreement with Harold Dubinsky and Melvin Dubinsky, who did business as partners under the name of Jack Dubinsky & Sons. The agreement was that together they would attend an auction of a building being sold by a special commissioner on the Court House steps in the City of St. Louis, and that they would buy the building together, with each group paying half of the purchase price. Wittels' version of the initial agreement was that it was to terminate if the cost of the building exceeded $240,000. He said that if either bid more than that, ""we would be on our own"". Wittels and his son Malcolm attended the auction with Harold and Melvin Dubinsky. After some bidding the final and successful bid of $226,000 was made by Melvin Dubinsky.