Wright

This is an appeal from a judgment rendered on a partnership accounting.

The main question presented for consideration is the right of one partner to a salary for the management and conduct of the business. By its judgment the trial court awarded defendant Hulihan an allowance for .such services, and it is the claim of the appellant that the evidence does not support the findings and judgment in this particular.

[1] As a general rule, one partner is not entitled to any compensation for services rendered by him to the partnership, in the absence of an agreement to that effect. (Civ. Code, sec. 2413; Nevills v. Moore Mining Co., 135 Cal. 561 , [ 67 Pac. 1054 ].) [2] Respondent concedes this to be the rule, but claims that there was an implied agreement that the salary here claimed and allowed' should be paid. The evidence does not support this contention. It appears therefrom that the plaintiff and defendant Robinson were owners and partners in a certain saloon situated in this state at Taft, Kern County, and that they conducted the same as such partners from about April, 1911, to February 16, 1916, and during such time were equal owners and equally entitled to the profits thereof.…