Kimball

The plaintiffs, as personal representatives of Wade H. Kimball, deceased, allege a partnership between decedent and defendant, and ask for an accounting. The answer denies the partnership. It avers in effect that the relationship between defendant and decedent was that of employer and employee; that the compensation to the decedent was to have been one-half of the net profit of the business and that there was no net profit. By way of counterclaim defendant alleges a substantial indebtedness by decedent to defendant.

Evidence was taken and an interlocutory judgment entered. Thereby it was adjudged that the agreement between the parties was one of partnership, and a referee was provided “to take an account of all of the partnership dealings and transactions . . . from the time of the commencement thereof to the time of the dissolution thereof by the death of said Wade H. Kimball, and of the moneys received and paid by the said partners respectively in regard thereto, and of all dealings in and transactions had in regard to the property, assets and effects of said firm since its dissolution by the death of the said Wade H. Kimball, and of the property belonging to the business of…