McPherson

In this action for claim and delivery for certain personal property a judgment was entered in favor of plaintiff, from which defendant appeals.

It appears that defendant was the owner of a mercantile business under the name of the Orange County Supply Company, and on June 21, 1915, it entered into a written agreement with plaintiff, by the terms of which it was provided that plaintiff should, in addition to his services as manager of the enterprise, furnish the livestock, wagons, trucks, and equipment with feed and oil, the use of which was required in conducting the business, and as full compensation therefor, including his services, -he should receive one-half of the net proceeds derived from the business, subject 'to the termination of the contract at any time by defendant; it being further expressly provided that he was not a copartner and had no interest whatever in the assets of the business of which defendant was declared to be the sole proprietor. The contract also provided that plaintiff should execute a bond to defendant in the penal sum of two thousand five hundred dollars.

The subject of the action was five head of horses, two wagons, two sets of harness, and one set…