Watts

This is an appeal from a decision of the District Court in a suit for an accounting and disposition of alleged partnership assets, holding that appellant was entitled to neither.

The amended complaint as permitted by Rule 15(a), Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, described two alternative relationships between the parties. The first alleged a transfer on October 25, 1940, by appellant George C. Watts, hereinafter called Watts, of his ranch near Oakdale in California to Holland Livestock Company, to be held by it in trust for Watts and Lawrence Holland, hereinafter called Holland, as equal partners. ■ The District Court found that there was no such partnership in the land. Its decision is supported by the evidence.

Alternatively the complaint alleged “That on October 25th, 1940 plaintiff George C. Watts and the defendant L. J. Holland entered into a partnership agreement, which said partnership agreement provided as follows, to-wit: That plaintiff should convey the land described in Paragraph II of the complaint to L. J. Holland or the Holland Land Company, a corporation, as agent of said L. J. Holland, and that in consideration of such…