McHarg

This is an action for an accounting of an alleged partnership business. After the trial of the action the plaintiff died and the executor of his last will and testament has been substituted in the record in his place and stead. The original plaintiff, after alleging that he and the defendants were partners in the business of buying and selling real property in Los Angeles, described certain parcels of land and alleged that they were purchased by the partnership after the last accounting between the parties. These parcels are designated as A, B, and C. It is alleged in the complaint that the defendants have filed actions against the plaintiff with reference to the first two parcels, to recover plaintiff’s pro rata share of amounts paid by defendants in discharging mortgages; that the defendants received and accepted on behalf of and for the benefit of said partnership a deed to parcel G and, thereafter, with out the knowledge or consent of plaintiff, sold said parcel to third parties and received therefor a sum in excess of its cost to the said partnership and have failed and refused to render an account of said transaction to plaintiff.

Plaintiff alleges that an accounting is…