Richards

A demurrer to the second amended complaint having been sustained, with leave to amend, and plaintiff refusing to amend within the time allowed him by the court, judgment was entered against him. This appeal is from said judgment.

The suit was commenced for the purpose of obtaining a decree of the court rescinding and setting aside two certain instruments, releasing defendants of all certain claims growing out of the affairs of an alleged partnership made by plaintiff against them, and acknowledging satisfaction of said claims, to recover which two suits were previously instituted by the plaintiff against the defendants and pending at the time of the execution of said releases—one in San Joaquin county and the other in Contra Costa county—and for an accounting of the affairs of said partnership.

The plaintiff and the defendants Guernsey, Fraser and Rosenbaum, in the month of December, 1891, purchased, as partners, it is alleged, a large tract of land in San Joaquin county known as the “Sargent Tract,” comprising about three thousand acres. It is alleged that the purchase price of the land was at the rate of $40 per acre, and that the agreement and understanding was that each of…