Bowman
Bowman v. Carroll
Opinion
Lead Opinion
Knight, J.
Plaintiff appeals from a judgment rendered in an action to compel an accounting under a partnership agreement entered into between the plaintiff and defendant for the purchase and sale of real estate; also to impress a trust upon a parcel of land acquired pursuant to said agreement and standing in defendant’s name. Insufficiency of the evidence to sustain the findings and the judgment constitutes the main ground of appeal.
The complaint alleged that under the terms of said agreement plaintiff was to select the property to be purchased and that title thereto was to be taken in defendant’s name; that each party was to furnish one-half of the cost of the acquisition of the property, and when sold or otherwise disposed of the proceeds derived therefrom should be equally ‘ divided. The court found that said agreement had been made as alleged, and that pursuant thereto plaintiff selected and there was purchased at various times five parcels of land situate in Los Angeles, four of which were afterward sold at a profit, and a bungalow court was erected on the fifth parcel, with reference to which the court found as follows : that the parties “agreed that they would erect a bungalow court…