Whitley

This is an appeal from an order appointing a receiver, pendente lite.

The complaint alleges that “on or about the fourth day of January, 1907, at the city of San Francisco, state of California, said plaintiffs and said defendant entered into an agreement wherein and whereby said parties agreed to form a copartnership for the purpose of carrying on the business of manufacturing and selling cement wash-trays and doing a general cement construction business—said business to be conducted under the firm name of 1 California Cement Tray Company, ’ and it was then and there agreed that each of said parties should furnish one-third of the necessary capital to carry on said business and each of said parties should receive one-third of the profits of said business and be liable for one-third of the debts of the same”; that said parties ever since entering into said agreement have conducted said business in pursuance of the terms of said agreement; that said copartnership has acquired and “now owns” valuable property, consisting of a lease of land situated in the city of San Francisco and other property of different kinds of the approximate aggregate value of $18,850; that “said…