Collins

This is an appeal by the defendant from a judgment rendered in favor of the plaintiff. The appeal comes before us ‘on the judgment-roll alone.

The allegations of the complaint material to our discussion may be summarized as follows: That on or about the tenth day of February, 1920, plaintiff and defendant entered into a copartnership agreement for the purpose of carrying on the business of manufacturing and selling crushed rock and sand at San Bernardino; that the defendant and plaintiff each, at the time of the formation of the copartnership, paid into the business the sum of $2,000; that the copartnership business continued for a period of about twenty-two months, until on or about the tenth day of December, 1922, when the plaintiff and defendant mutually agreed to discontinue the business and dissolve the copartnership; that at the time it w’as agreed to discontinue the business and wind up the affairs of the copartnership, it was further mutually agreed between the plaintiff and the defendant that the plaintiff would proceed to take possession of all of the assets •of the copartnership and collect all of the moneys owing to .the copartnership; also, to gather together all of…