Nugent v. Locke
4 Cal. 318
Cal.1854Check Treatmentdelivered the opinion of the Court.
The contract set out in the declaration, discloses the formation of a partnership between the parties. The only remedy of the plaintiff is by bill in equity to dissolve the partnership, and obtain an account.
The suit here is to recover damages for breach of contract, which, under the circumstances, is impracticable.
The judgment is reversed, and the cause remanded.