Allen's Collection Agency v. Lee
Opinion
Lead Opinion
Craig, J.
A partnership agreement was executed in writing on October 7, 1918, by W. K. Lee, Louis Zimmer, and William Lingg, for the purpose of cultivating, seeding, harvesting, and marketing the products of" certain agricultural lands in Kern County. The contract provided that Lee should furnish the lands, which he held under a lease from the Lerdo Land Company, and all stock, teams, and implements necessary for conducting the farming operations; Zimmer agreed to furnish all necessary seed, food for labor, and the feed and forage for livestock; and Lingg agreed to furnish his services. It was further covenanted that from the proceeds Lee should receive twenty-five dollars per month per team for use of his stock; Zimmer to be reimbursed for moneys invested in the supplies mentioned; and Lingg should receive three dollars per day; and after the payment of rent and payment of said allowances, it was agreed that any balance be divided and paid, one-half to Lee, three-tenths to Zimmer, and two-tenths to Lingg.
All three of the parties entered upon the performance of their duties under the contract, but Lingg withdrew soon after the commencement of operations, and Lee and Zimmer continued to…