Brittan

The controversy here involves the question of the ownership of a restaurant, a delicatessen, and a bakery business and the equipments, and a certain leasehold interest in the building and the basement thereof, situated at 2026-2030 Shattuck Avenue, in the city of Berkeley, in which said business was carried on and conducted.

The complaint is in two counts and the relief sought is: That the defendant, who is in possession of the property above mentioned, be declared to be the holder of said property as the plaintiff’s trustee; that defendant be compelled to render an account of his acts and transactions as such trustee; that said trust be terminated and that the defendant be required to turn over to the plaintiff the possession of said property; that a receiver, pendente lite, to take and hold possession of said property be appointed; that a certain chattel mortgage executed by the plaintiff and one J. D. Hendrix on the restaurant property to the defendant be canceled.

The defendant, by denials and an affirmative statement of the facts of the several transactions from which this litigation arose, answered the complaint.

Findings, conclusions of law, and a judgment in favor of…