Present : De Sampayo J. and Schneider A.J.

MOHAMED v.  WARIND.

52- D. C. Colombo, 47,478.

Partnership-Action by plaintiff for declaration that he is partner- Writing not signed by plaintiff, but signed by defendant-Con­tinuance of business after expiration of term-Is new writing necessary t-Assignment of interest of one partner-Is writing necessary 1

The plaintiff brought this action alleging that he and the defend­ant on August 5, 1909, agreed to carry on business in partnership, and that the defendant since February 8, 1915. refused to acknowl­edge the plaintiff as his partner, and appropriated to himself the capital and stock in trade of the said business to the plaintiff* loss, and he prayed for a declaration of his rights as partner,  for dissolution of the partnership and realization of the assets, and for, a partnership account. The defendant denied the alleged agreement, and stated that if there was such an agreement, the partnership was dissolved prior to the acts complained of against him. He further pleaded that if the plaintiff at any time had any interest maintainable at law in the said business, he made over the same to th