Fiorito V. Goerig

This action was instituted by N. Fiorito and two others, doing business as N. Fiorito Company, against A. J. Goerig, doing business as A. J. Goerig Construction Company, and others, for an accounting and to recover from defendants amounts alleged to be due for services rendered and for rental of machinery. Defendants pleaded the relationship of joint venture between plaintiffs and defendants and alleged plaintiffs had been overpaid by the joint venture in the amount of $282.94. The cause was tried to the court, which found that plaintiffs were entitled on their account to $12,097.92, which is approximately five thousand dollars less than plaintiffs claimed. The court also found that appellants were entitled to interest in the amount of $2,065.83, computed from various dates on various sums to July 24, 1946.