Frisch v. Frisch

MUSSELL, J. Action for dissolution of a partnership and for an accounting.

Plaintiff brought this action against his father and mother in an effort to establish the existence of a partnership in 40 acres of land purchased by his parents and in the personal property used in farming, dairy and stock raising business conducted thereon, together with 640 acres of mountain property. A dissolution of the alleged partnership, an accounting, and a sale or partition of the partnership property was included in the relief sought.

[184]Trial by the court resulted in a judgment for defendants and plaintiff appeals on the sole ground that the evidence is not sufficient to support the findings and judgment.

In 1938 plaintiff was living with his parents on a 3-acre tract near Fresno. In January of that year defendants traded this property for 40 acres on the southeast corner of Barstow and Leonard near Clovis. Title to the 40 acres was taken in the names of defendants. The family (including plaintiff, then 15 years old, three brothers and a sister) moved to the new ranch where they lived together from 1938 to 1945. During this period the entire family worked to develop the property and all money which was realized from it, as well as the earnings of all members of the family, was “plowed right back into it.” Plaintiff, as well as other members of the family, received board, clothing, spending money and medical and dental care.

Shortly after the acquisition of the 40-acre ranch, plaintiff’s father borrowed $2,700 from the Federal Land Bank and with it purchased cattle to stock the premises. In March of 1945, defendants needed additional range for their stock and purchased the 640 acres for that purpose. The. purchase price was $15,000, and in order to obtain it, defendants borrowed $6,000 on the 40 acres, $3,900 on the stock and assumed a mortgage on the 640 acres. Title to the range land was taken in the names of G. E. Frisch, Marie E. Frisch and Robert Frisch, all as joint tenants. The mortgaged stock was sold and the mortgage paid with the proceeds.

Plaintiff was married in 1945 and for a few months lived on the ranch and received wages for his work. In 1946 plaintiff and his brother rented the 40-acre place for one year on a 50-50 basis. This arrangement was not satisfactory and plaintiff then moved onto the range land and attempted to operate it on a 75 per cent basis. In May, 1947, plaintiff advised his father to take over the place and stated that he had no further interest in it and could not make a living there. Plaintiff then left the place and commenced this action in January, 1948.