Imperial

In a contested action plaintiff was awarded a divorce and community property consisting of a restaurant business and the real property in San Fernando on which the business was operated. Defendant appeals.

The complaint accused defendant of extreme cruelty. Defendant filed a cross-complaint which alleged that plaintiff had been guilty of cruelty and that "cross-defendant has committed acts of adultery with a person other than cross-complainant. ’ ’ The evidence was confined to the respective allegations of cruelty.

The principal contention is that the evidence was *310 insufficient to support the finding that defendant had been guilty of cruelty. The parties were married in Las Vegas in 1940. Soon thereafter they purchased three city lots in San Fernando and constructed a building in which they opened a restaurant. For this purpose they borrowed $7,000 on the property. From that time on plaintiff managed the restaurant, did the cooking, with help from time to time, and handled the finances. In 1949 the loan on the property was increased to $12,000. Defendant went to Lower California with a truck and engaged in buying shrimp and selling it in the states. The business did not…