Silveira

Silveira v. Reese

Good Law
1903 Cal. LEXIS 938·7 Cal. Unrep. 112·71 P. 515
Supreme Court of CaliforniaFebruary 4, 1903L. A. No. 1273California1,202 words

Opinion

lead Opinion

Cooper, J.

The plaintiff and defendant were partners • in the manufacturing of bricks. This action was brought to obtain a dissolution of the partnership, and a settlement of the partnership accounts. The case was tried before the court, findings filed, the accounts settled, and the judgment ordered and entered dissolving the partnership as prayed. The plaintiff made a motion for a new trial, which was denied, and this appeal is from the judgment and order denying the motion for a new trial.

The appellant contends that the evidence is insufficient' to sustain the findings in many respects, but we do not deem it necessary here to follow counsel through all the various specifications of insufficiency. We have carefully examined-the evidence, and find it sufficient as to all material findings.

The first specification argued is that the evidence does not sustain the finding “that defendant did not agree after the original contract of partnership to advance money to carry on the business.” The defendant testified: “I never promised and agreed to put in $1,000 after the original $500 put *113 into the business by me was exhausted.....I did not agree to furnish the said firm with all the money…

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