Fauda

Appellant brought action for an accounting. Judgment having gone against him, he moved for a new trial and appealed from an order denying the motion.

A somewhat extended history of the general business dealings between the parties must be given to make clear the issue involved, and later to be determined.

For many years prior to February 2, 1917, respondent owned and operated a drugstore known as the C. O. Fauda Pharmacy, and appellant (respondent’s son) and Eugenio Fauda (respondent’s brother) were employed therein as salaried clerks and pharmacists, under respondent’s direction. During this period the general conduct and management of the business, including the purchase of store stock, banking of moneys received from sales and drawing of checks against the bank funds was in the respondent.

On the date mentioned (February 2, 1917) respondent executed to appellant a bill of sale transferring a two-thirds interest in the drugstore and business, goodwill, business name, leasehold interest, and stock in trade; and at the same time, and in like manner, transferred to Eugenio Fauda the remaining one-third interest. Notwithstanding the form of these instruments it is admitted that…