Young

By the Court,

The complaint in this cause was filed for the purpose of compelling a partnership account. It sets forth numerous reasons and inducements to show how the plaintiff was led to embark in the proposed operations of the defendants, all which should have been stricken out by the court below as surplusage. It then alleges “ that the copartnership “ was formed, as will be fully proven on the trial,” but does not state for how long a time it was to continue, or in what proportions the parties were to bear the losses or receive the profits of the concern. It says that “ it was settled at what time he (the *449 “ plaintiff) should join the defendants in California,” but does not allege that lie joined them within that time, or give any reason for not doing so. The nearest approach to this is the allegation that on the 11th day of May, 1850, as soon as his business in New Orleans could be closed, he embarked to join his partners in California, and arrived here on the 6th day of July. On his arrival he was informed by bis associates that lie was no longer considered as a partner, and the complaint charges that he “ then demanded a settlement of the whole partnership “…