King

This appeal is taken from an order adjudging bankrupt a partnership composed of A. G. King, Axel H. Hultgren, and Eleanor Hultgren, doing business under the name Mission Farms Dairy. The sole" question presented by the appeal is whether or not A. G. King is a member of the alleged copartnership. The District Court having determined that he was a member of the partnership, he brings this appeal. The agreement between the alleged copartners was in writing and the question of whether or not A. G. King was a member of the copartnership depends almost entirely upon the legal effect of the written agreement under the provisions of the Uniform Partnership Law of California (Cal. Civ. Code, § 2400 et seq.), adopted in August, 1929.

Axel H. Hultgren and wife conducted a dairy business under the name Mission Farms Dairy. It appears from the terms of the written instrument that the appellant, A. G. King, had advanced $7,400 to Hultgren and wife with which to purchase land, cattle, and equipment for the purpose of establishing a dairy at San Clemente, Cal.; that the property so purchased was to be the property of the appellant, although title thereto was to be taken in the name of Hultgren…