Loftus

This is an appeal by Behlow from the judgment dismissing his complaint in intervention in the above-entitled action.

In the original complaint he, with others, appeared as a plaintiff. Upon appeal to this court it was held that defendant’s demurrer to the complaint for misjoinder of parties, and improper joinder of causes of action, was well taken. (Behlow v. Fischer, 102 Cal. 208 .) Upon the return of the cause to the trial court an amended complaint was filed, which omitted Behlow and other parties as plaintiffs, leaving the action to be prosecuted solely in the name of Loftus and his wife. In all other respects pertinent to this consideration the amended complaint was the same as the original. It contained the same averments of partnership, and the formation of the corporation to conduct its affairs. It averred that by agreement amongst the partners, their interests in the copartnership should be represented by certain shares of stock to them issued. Then follow the same averments of fraud practiced by Fischer upon Behlow and Long, by which it is asserted Fischer succeeded in purchasing from them their stock in the corporation. In short, with the omission of the parties…