Price

Price v. Briggs

Good Law
160 Cal. App. 2d 524·1958 Cal. App. LEXIS 2147·325 P.2d 573
Court of Appeal of CaliforniaMay 15, 1958Civ. 9293California1,172 words

Opinion

Opinion

Van Dyke, J.

This is an appeal from a judgment based upon an order sustaining a demurrer to a second amended complaint without leave to amend.

Plaintiffs, who are appellants here, alleged as follows: That from 1943 until 1951 plaintiffs and defendants were joint owners of ranch property in Glenn County and during that time were copartners in the ownership and operation thereof; that defendants, respondents here, managed the partnership business and kept the books and records thereof ; that they kept no adequate or formal books of account; that in July of 1950, the partners began negotiating for a dissolution of the partnership and a settlement of its affairs between them and in the course of such negotiations plaintiffs requested of defendants a complete record of partnership affairs, but defendants made available to them only unintelligible scratch memorandums and scraps of papers which represented an unintelligible, inadequate and incomplete record of the financial and business affairs of the partnership; that plaintiffs have never been permitted by defendants to make a complete examination of the partnership records, all of which are in the exclusive possession and control of defendants;…

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