No. 183 March Term, 1979, No. 7 Harrisburg, 1980, Appeal from Judgment of the Court of Common Pleas, Civil Division, of York County, No. 78-S-316.
G. Thomas Miller, Harrisburg, for Snellbaker, appellant (at No. 183) and appellee (at No. 7).
Harold N. Fitzkee, Jr., York, for Hans Herrmann, appellant (at No. 7) and appellee (at No. 183).
[ 315 Pa. Super. Page 524]
In these cross appeals from a judgment entered following non-jury trial of an assumpsit action, the parties contend that the findings of the trial judge are not supported by the evidence. We disagree and, therefore, affirm.
If the issue is simple, the facts are not. On the contrary, they are extremely complicated. Donald Snellbaker, the plaintiff, and Hans Herrmann, the defendant,*fn1 entered a joint venture to import and sell German automobiles. Snellbaker was to provide the money to obtain the vehicles, and Herrmann was to service and sell them upon arrival in the United States. From the proceeds, plaintiff was to be reimbursed for the moneys advanced, expenses were to be paid, and the balance was to be divided equally between the parties.
Defendant introduced plaintiff to Gary Munz, a German automobile dealer, to whom plaintiff paid a total of $56,112 in exchange for Munz's promise to obtain and ship to the United States six vehicles as follows:
(This vehicle had been sold to and was being ordered for Dr. Max Stoner.)