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Defendant appeals from the judgment rendered below, in a declaratory relief action, wherein it was determined that Mission Linen Supply of Santa Cruz was a partnership at will, and that as such partnership it could be dissolved by the express will of any partner upon notice to the other partners.

The testimony reveals that George B. Page and appellant are brothers. About January 1945 the two brothers and re spondent Montgomery, an attorney at law, entered into a partnership for the conduct of a linen supply business in the city of Santa Cruz, California. There was never any written agreement evidencing the partnership. Their understanding concerning the partnership was oral, “that we would be partners—-thirds,” and there was nothing said with regard to the term or the undertaking of the partnership. Each partner was to furnish one-third of the capital. At first, each one put in $12,000, and later, as the business grew, each put in an additional $8,000. The business has shown an annual profit from the start. Eespondent Montgomery testified that he had never discussed any details of the partnership agreement, as to its duration or undertaking, with appellant except that he had…