Fink

This is an appeal by the plaintiffs from a judgment in favor of the defendant in an action for an accounting.

Their principal contention in support of the appeal is that the findings of the court are unsupported by the evidence. The complaint set forth that the plaintiffs had entered into a copartnership or joint venture with the defendant’s intestate, Richard Loynes, who died withoul any settlement or accounting between the parties having beeh arrived at, and prayed for such accounting. It is the finding of the court against this allegation of copartnership or joint venture which is thus attacked by the appellants.

The evidence in the case upon the subject of the formation and existence of said alleged copartnership is undisputed and is briefly qs follows: The plaintiffs, Charles N. Fink and 0. Mickelson, were brick-masons and building contractors engaged in business in and around Los Angeles. Richard Loynes was a brick manufacturer and building contractor doing business in Long Beach. In September, 1905, he invited the plaintiffs to go to Long Beach and enter into copartnership with him for the carrying on of a building and contracting business, informing them at the time that…