Watson

This is an action for an accounting between partners, and also to have certain real property, held in the names of third parties, adjudged to belong to the partnership. A dissolution of the partnership was also prayed for. The judgment of the court established the partnership, and the sum of $2,777.57 was awarded to plaintiff as his share of the profits. As to the real property held by the third parties, it was found that the partnership had no interest therein. Plaintiff and defendant F. W. Kellogg were each dissatisfied with the outdbme and each has appealed from the judgment.

The following findings of the court are assailed as not supported by the evidence:

A partnership, such as is described in this finding, may be created by parol. (Arnold v. Loomis, 170 Cal. 95 [ 148 Pac. 518 ].) An examination of the evidence shows that there is abundant evidence to sustain the finding. For instance, plaintiff testified as follows: “Mr. Kellogg said, ‘Captain Watson, what do you think about us going into a partnership for the purchase of several business properties, preferably on Brand Boulevard ? ’ . . . Then I replied that I would like to very much, and asked him what I would have to do…