Albertson

This is an action arising out of a complaint for the dissolution of a partnership and an accounting; and where a receiver was appointed to take possession of the partnership property as an ancillary remedy. The plaintiff, respondent herein, obtained an interlocutory judgment by default. This judgment directed dissolution of the partnership ; ordered appointment of a receiver; and retained jurisdiction of the action to determine the accounting issue. The defendants, acting under the provisions of section 473 of the Code of Civil Procedure, moved to set aside the default judgment. Their motion was denied. However, the order denying this motion also provided for an arbitration proceeding to determine the accounting issues, pursuant to a written agreement between the parties. This agreement provided that the books of the partnership should be submitted to the arbitrators ; that “Whatever difference shall be determined upon by said arbitrators, we, the undersigned, hereby obligate and bind ourselves, individually, that whichever shall, by the said arbitrators, be found indebted to the other, be paid on demand, to the other, the sum or sums so found due”; and that “the decision of the…