Truett

This action was commenced on March 18, 1880, in the superior court .of the city and county of San Eranpisco, to secure an accounting and winding up of the affairs of a *582 partnership alleged to exist between the parties as contractors for the construction of seawalls, grading of railroads, filling in, extension, and widening of streets, and works.of a'similar chair.', acter—the complaint specifying in detail a large number of contracts for work of the character indicated as being in a state of completion or partial completion by said partnership, and alleging that a large sum of money was due plaintiff from defendant on account of such tyork. It was alleged that defendant had assumed and taken control of the work of said partnership, and all of the affairs thereof to fhex exclusion of plaintiff, refused him access to or an examination of- the books of the concern, :or to further recognize him as a partner in the business, and, generally, as “wrongfully carrying on thk said business without any1 regard to the rights of this plaintiff.” \

Summons was issued and served on theday the complaint was filed. Within a few days thereafter the parties came together and entered into a…