Siciliano

The appeals arise from two actions for both of which the district court held a single hearing, the evidence introduced applying to both cases.

*77 The case first filed was brought by Siciliano against the American Pacific Dairy Products, Inc., a corporation, hereafter Products Co., claiming damages and other relief for an alleged breach of a partnership agreement between Sicili-ano and the corporation. To this Products Co. filed a cross complaint, claiming that Siciliano breached the partnership and sought damages against him and other relief.

In this first suit the court awarded damages to Siciliano for the value of his partnership on July 1, 1953, the time the court found the partnership was dissolved, for Siciliano’s share of the profits earned by the partnership to that date. Products Co. appeals, claiming (a) the amount awarded for the Siciliano interest is excessive and that he is entitled to no share in the profits; (b) that the court erred in not changing the venue to the District Court of Washington and in denying a jury trial. Siciliano cross appeals on the ground that his partnership interest had a greater value and that he should share in the partnership up to the…