Since the amended petition, seeking to recover an alleged partner's share of profits realized by a partnership of which he was a member in the operation of a real-estate brokerage business, alleges that the partnership was duly licensed, which means a license in complete conformity with Code 84-1415, thus completely rebutting any contention that the petitioner unlawfully operated and hence can not recover, a cause of action is alleged, and the court did not err in overruling the general demurrer.
This is a case involving an accounting of profits for certain years, dissolution of an alleged partnership, and for injunctive relief to prevent the selling, encumbering, or distribution of the assets of a realty company, the alleged partnership business. The allegations of the petition do not state all the business ventures from which profits were made; but, in connection with the sale of real estate and the selling of insurance, the petitioner does allege that the partnership was "duly licensed as a real estate broker and . . . was authorized to conduct real-estate brokerage and the writing of insurance," and he alleges that he was not to take an active part and was not to act as a real-estate salesman, and he did not sell or offer to sell any real estate as a broker or salesman. After a hearing on a demurrer filed thereto, which was renewed after amendment, the demurrer was overruled, and the exception here is to that judgment.