Lopez

This action was brought to recover for certain seed used by the defendants as copartners and for certain services performed for the partnership by Leon Lopez, both of these claims having been assigned to the plaintiff. It fully appears that the defendants, as copartners, were carrying on certain farming operations during the year 1932, and it is not disputed that the seed was furnished and the work was done in connection therewith. The defendant Richard maintains, however, that under their agreement his partner was to furnish the seed. He further maintains that Julian Lopez had agreed to contribute his own work to the enterprise, that in lieu thereof he employed his nephew, Leon Lopez, to do the work in his stead and that he, Richard, is in no way obligated for the wages due to Leon Lopez. The defendant Julian Lopez failed to answer and the action was defended by Richard alone. The court found in all respects in favor of the plaintiff and from the judgment entered against both partners the defendant Richard has appealed.

The appellant contends that the court erred in receiving into evidence an account of the partnership transactions kept by the defendant Julian Lopez, that aside…