Kelley

The plaintiff brought this action to obtain an accounting from the defendant, J. D. Cameron, who interposed a general demurrer to plaintiff’s amended complaint, which demurrer was sustained by the court without leave to amend. From the judgment thereupon rendered against the plaintiff, he has appealed.

From the allegations of the amended complaint it appears that the plaintiff and the defendant Cameron entered into an agreement, the contents of which may be generally stated as follows: That, whereas, the first party (Cameron) was engaged in the business of manufacturing and refining oils and gasolines and of selling said products to wholesale or retail trade; and, whereas, the second party (Kelley) desired to engage in the retail oil and gasoline business in the city of Fresno and desired to operate what are commonly called “filling stations”; and, whereas, the first party had advanced and was about to advance various sums of money to the second party for the purpose of purchasing such stations ; it was, therefore, agreed that the first party should advance such sums to the second party as they may mutually agree upon for the purpose Oof acquiring the lease, stock in trade,…