Moropoulos

The plaintiff appeals from a judgment of dismissal by the superior court of the county of Los Angeles, after the sustaining of demurrer to his third amended complaint, without leave to amend.

Appellant makes no point on the refusal of permission to amend, and stands on the sufficiency of the complaint.

The action was brought to recover damages arising from an alleged conspiracy between the defendants and one Peter Karales, not joined as a party to the suit, in which it is charged that the parties so conspiring had wrongfully and fraudulently appropriated and destroyed a partnership business theretofore existing between the plaintiff and- said Karales.

The facts alleged upon which the cause of action rests are pleaded substantially as follows:

That on the 30th of December, 1916, the plaintiff and Karales entered into a contract of copartnership to carry on the business of dairy farming during the term of such lease, in which it was agreed that the plaintiff would put into the business certain dairy stock and Karales would give the use of the leasehold premises.

- That immediately upon the execution of said agreement of copartnership the parties thereto entered upon said leased…