Overman

Appeal by plaintiff from a judgment for defendants in a suit for a declaration that the parties were partners and for an accounting. As an alternative, plaintiff prayed for the reasonable value of services rendered.

*516 Defendant Elvin M. Bright, referred to as defendant, doing business as Bright Laboratories, ivas engaged in the development and manufacture of plastics. The court found there was no partnership; any services rendered by plaintiff were performed as an employee of defendant; defendant had terminated plaintiff’s employment for cause; and plaintiff had been fully compensated for all services rendered.

Plaintiff first asserts the court erred in excluding evidence of similar transactions between defendant and other persons. He argues that the principal issue at the trial was whether a partnership existed between plaintiff and defendant and that evidence of similar transactions between defendant and other persons was relevant to that issue. The partnership at bar was alleged to be oral and to have been entered into about January 1953. The evidence excluded was to the effect that in 1949 defendant had entered into an oral agreement of partnership with one Grossman and…