done in response to that request. In November, 1964, plaintiff, Farina and a a member of the Beckman group attended a meeting in the office of Beckman's attorneys for the purpose of discussing the newly formed corporation and various tax ramifications attendant thereto. Farina testified that plaintiff attended the meeting in his capacity as Farina's legal advisor.
In December, 1964, Farina and Beckman flew to Memphis, Tennessee to consummate an agreement with Allen Bros. and O'Hara, the structural contractors of the proposed building. Prior to this trip Beckman queried Farina about the interest of plaintiff in the venture and was informed that plaintiff had no interest. On December 29, 1964, Farina paid $5,000 to Beckman pursuant to an agreement whereby he was to purchase all of the shares ofwas never returned to him nor did he have a copy of it; at his deposition on October 31, 1969, he testified that he was not aware at that time of the fact that 10-Dix had repaid the note.
Bruno testified that Farina mentioned to him that plaintiff was having a difficult time securing money and asked Bruno to lend plaintiff the needed funds; that he agreed to do so but asked for guarantors for the loan; he received a note from plaintiff and another from 10-Dix which was co-signed by Farina; a check for the loan, naming 10-Dix as payee, was drawn on the Atlas Blacktop Company, owned by him; that the $25,000 was ultimately paid by 10-Dix; that the notes signed by Farina and the plaintiff had