Menotti

The action from which this appeal arises was filed on the sixth day of June, 1921, the complaint alleging that on June 1, 1920, the parties entered into an oral agreement of copartnership in a business known as "Menotti's *Page 50 Buffet," in the city of Venice; that the defendant agreed to and did act as manager of the business, for which he was to receive $125 per month; that the plaintiff was the owner of the premises upon which the enterprise was situated, which she leased to the copartnership at rentals varying from $150 to $350 per month, in the winter and summer seasons, respectively, and that each should share equally in the profits. It is further alleged that there was no agreement as to the duration of such partnership, but that on March 29, 1921, plaintiff formally notified defendant of its termination, and offered to purchase his share at cost, and to assume the rent for the month of April; and that again on June 1, 1921, the plaintiff notified defendant that the latter having claimed that the partnership had been created for a period of one year, said partnership had terminated on March 29th, or was terminated on June 1, 1921, and, in either case, demanding its…

[3] In denying the petition for a transfer to this court we desire to say that the dismissal of the action was justified under section 581 , subdivision 4, of the Code of Civil Procedure, having been made upon motion of the plaintiff, who evidently abandoned the action. (Sec. 581 , subd. 4, Code Civ. Proc., and Franks v. Cesena, 191 Cal. ___ [ 218 P. 437 ].) The petition for a hearing is denied. *Page 54