Simoni

This is an appeal from a judgment following the second trial of the case. Petra Simoni, administratrix of the estate of Alfred Simoni, deceased, sued Laz Simoni to secure an adjudication of the termination of the partnership existing between Mrs. Simoni’s husband, Alfred Simoni, before his death, and the defendant Laz Simoni, and for an accounting. The first appeal in the case resulted in a reversal of the judgment (Simoni v. Simoni, 210 Cal.App.2d 780 [ 27 Cal.Rptr. 146 ]). At the second trial, counsel stipulated that the case be submitted upon all of the evidence adduced at the former trial. Thereafter, the court made findings of fact and conclusions of law and ordered the entry of a judgment in favor of the plaintiff in the sum of $5,026.56, together with costs. A motion for new trial was made by the appellant; it was denied.

There is before us the reporter’s transcript on the former appeal, a clerk’s transcript in the present case, and a reporter’s transcript of the proceedings on motion for a new trial, but there is no reporter’s transcript of the proceedings at the instant trial.

Incidentally, the judge made clear during the proceedings on motion for a new trial just what…