Cornell

The defendant was conducting a cigar business in 'the city of Eureka and was desirous of leaving that city and establishing a similar business near the town of Requa. The complaint alleges that it was agreed between the parties that the plaintiff would pay certain expenses and render certain services in connection with the establishment of said business at Requa and that “defendant would either thereafter immediately enter into and form a partnership with plaintiff or would pay plaintiff for such services and would repay plaintiff all money paid for such expenses”; that the plaintiff performed such services and paid said expenses in the total value and sum of $435.29, and that defendant refused to enter into the alleged partnership or to pay the plaintiff for such services and expenditures. The complaint also alleges that the parties secured a lease of certain land and that the defendant excluded the plaintiff therefrom to the latter’s damage, but this claim was abandoned by plaintiff during the trial and the question was not submitted to the jury and need not be considered further.

The answer, in addition to denials of certain allegations of the complaint, alleges that, prior to…