Russell

Plaintiff brought his action against defendant Agar as executor of the estate of Joseph McDonough, deceased, and for cause of action averred the following facts: For several years prior to the fourteenth day of September, 1894, he had been in the employ of Joseph McDonough in the capacity of salesman and collector. McDonough’s business was that of a wholesale and retail dealer in coal in the city and county of San Francisco. By reason of his experience, extended acquaintance, and personal influence, plaintiff had created and controlled a large amount of McDonough’s business. A short time prior to the fourteenth day of September, 1894, plaintiff was offered a fifth interest as partner in the business, goodwill, property and profits to accrue in a firm engaged in the business of dealing in coal in said city and county. Plaintiff was not re *397 quired by the firm to contribute any money or other property to the partnership, but was offered the one-fifth partnership interest in consideration of his devoting his time and attention to the business, and of giving to the firm the advantage of his experience, extended acquaintance and control over a large amount of coal trade in the city.…