Benton

Plaintiff Benton sued defendants Hofmann Plastering Company and Coelho in declaratory relief and for judgment against Hofmann for moneys advanced to defendant Coelho to enable Coelho to perform certain lathing contracts with Hofmann, to recover from Hofmann proceeds paid to Coelho under contracts assigned to plaintiff, to recover certain sums from Coelho, and to foreclose a deed of trust executed by Coelho and wife to Benton to secure advances.

Hofmann cross-complained claiming Coelho and Benton were partners, and sought damages for a breach of two lathing contracts by Coelho and for defective performance of a third.

Coelho then cross-complained against Benton claiming partnership between him and Benton, seeking dissolution of partnership, appointment of receiver, and cancellation of deed of trust for lack of delivery and execution, and coercion.

Plaintiff appeals from the denial of most of the relief sought by him.

Questions Presented

Although there were many issues presented by the pleadings, the parties at trial limited the issues to be determined. They were:

1. The Benton-Coelho Agreement.

Defendant Coelho was engaged in the business of installing lathing in connection…