Briggs

The plaintiff commenced an action against the defendant to dissolve a partnership alleged to be existing between the two parties and to obtain an accounting. The trial court awarded him a judgment and the defendant has appealed. The plaintiff’s complaint alleged the formation of a partnership, the commencement of business thereunder on the eighteenth day of August, 1921, and that the partnership conducted and managed a garage at 420 Twenty-third Street, in Oakland. The plaintiff further alleged that on the fifth day of January, 1922, the defendant sold the partnership business and refused to account to the plaintiff for any of the proceeds. Thereupon the plaintiff prayed that the partnership be dissolvel, that an accounting be had, and for other relief. The defendant came forward with an answer in which he admitted the creation of the partnership, and the sale of the business, but he denied that the sale was wrongful, or without the assent of the plaintiff, or that he held any of the proceeds in trust for the plaintiff. In addition to his denials the defendant set forth that on the sixteenth day of December, 1921, the plaintiff sold his interest to the defendant for the sum of…