Cuyamaca Granite Co. v. Pac. Paving Co.

Citations

• 95 Cal. 252
• 30 P. 525
• 1892 Cal. LEXIS 811

Syllabus

<p>Partnership — Action for Accounting and Settlement—Assignment of Interest—Assignor a Necessary Party. '—In an action for an accounting and settlement of a partnership, where it appears that the defendant was in partnership with the plaintiff’s assignor and another person, all of whom were jointly interested in the profits of the partnership, and it also appears that no settlement of the partnership matters had ever been made between the original partners, all of them are necessary parties to the action; and a demurrer to the complaint for defect of parties, in that the partner who was plaintiff’s assignor, and who was nob joined, was a necessary party to the complete determination of the controversy, is properly sustained.</p> <p>Id. — Pleading — Partnership in Contracts for Street Work — Collections to be Made by Copartner — Insufficient Complaint. — When the complaint in such action alleges that the defendant agreed with the plaintiff’s assignor and another person to do certain street work with them as partners, and that the defendant should appoint a book, keeper who should keep all accounts, pay all bills, and collect all moneys belonging to the copartnership, and that the profits arising from the work should be equally divided, and which alleges that the work has been performed, and that a large sum of money is still uncollected, but which does not aver that the defendant failed to perform any of the conditions of the agreement to be performed by the defendant, or that the defendant was neglecting or refusing to collect the unpaid money, or was insolvent’or likely to become so, or unable or unwilling to respond to any just claim or demand against the defendant, or that there was any danger that the money, when collected by the defendant, would be misappropriated, squandered, or lost, fails to state a cause of action.</p>