Heebner

Plaintiff sought by this action of partnership accounting to require defendant to pay one-half of the losses sustained in the purchase and sale of two carloads of catsup. Defendant denied any partnership relation and asserted that the loss, if any, fell upon plaintiff alone. The trial resulted in a judgment for defendant. Plaintiff appeals, claiming that the testimony shows enough undisputed facts to compel a finding that the transaction was a partnership or at least a joint venture.

Defendant was the manager of a fish-packing business in Monterey. Plaintiff was a New York broker dealing in foodstuffs. He made semi-annual visits to the Pacific coast and frequently called on defendant at his place of business. On one such trip plaintiff had been buying large quantities of catsup on this coast. He called on defendant and asked him to secure for him more catsup at a favorable price. Defendant obtained the promise of a San Francisco firm to sell two carloads at sixty cents a gallon, although the market price was about ninety cents. Defendant was able to make this purchase on account of the friendly business relations existing between ,his firm and the San Francisco firm mentioned and…