Decoe

Decoe v. Johnson

Good Law
1921 Cal. App. LEXIS 509·54 Cal. App. 592·202 P. 362
Court of Appeal of CaliforniaOctober 18, 1921Civ. No. 2342.California4,387 words

Opinion

lead Opinion

Hart, J.

This is an appeal from an order setting aside and vacating a judgment entered upon the pleadings in this action and requiring the plaintiff, Addie DeCoe, “to render an accounting of the partnership affairs, or the business interests of said plaintiff and defendant in the growing of rice during the year 1919, with said Edward T. Johnson, deceased. ’ ’

The complaint alleges that the plaintiff, Addie DeCoe, who was a married woman and the wife of the plaintiff, C. A. DeCoe, was the owner in her separate right and as her separate property of an undivided one-half interest of a certain tract of land situated in Butte County, California, which is specifically described in the complaint; that during the year 1918 and also the year 1919 the plain tiff, Addie DeCoe, and one Edward T. Johnson were co-partners and were engaged in farming the real property referred to above under a contract of copartnership entered into between said parties; that said copartnership continued to exist until the twenty-sixth day of September, 1919, when the said Johnson died, and that the plaintiff, Addie DeCoe, “has been and still is the sole survivor of said partnership”; that in the year 1919 a crop of rice…

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