Demattei

Plaintiff’s complaint contained two counts. The first was for the alleged agreed rental of certain lands and the second was for the alleged reasonable rental value of said lands. Upon a trial by the court sitting without a jury defendants had judgment, from which judgment plaintiff appeals.

The record discloses that plaintiff had previously brought an action against the defendants seeking an accounting and settlement of their partnership affairs. In that action it was alleged by plaintiff and admitted by defendants that the parties had formed a partnership and engaged in the vegetable and truck gardening business. Although a minute order was made in that action ordering judgment in favor of defendants, the record before us does not disclose whether judgment was ever entered or whether any further proceedings were had therein. Thereafter plaintiff brought the present action seeking to recover from defendants upon common counts. A bill of particulars was demanded and furnished. It appears from said bill of particulars that plaintiff was seeking to recover from defendants two-thirds of certain rentals and other charges which he claimed to have paid in connection with the partnership…