Davidson

This is an appeal by a divorced wife from a judgment in favor of her former husband and partner in his action for declaratory relief and contribution. Appellant contends that the trial court erred in denying relief on her cross-complaint for misappropriation of partnership funds.

The material facts are as follows: On April 22, 1957, in contemplation of divorce, appellant and respondent entered *444 into a written property settlement agreement whereby, among other propery dispositions, they became general partners in three business enterprises they had previously conducted as community property ventures. These businesses which had been operated by respondent were in a poor financial condition. In addition to other obligations, county and federal tax claims had accrued in the amount of $27,209.53. The agreement stated that the parties desired to pay appellant a lump sum of $35,000 in addition to other properties transferred to her but that such was impossible due to the condition of the community estate. The agreement further expressed the belief that respondent could improve the position of the partnership businesses to the extent that such sum could be paid to the appellant. The…