Altamirano

This is an action for an accounting. The defendant was given judgment for costs of suit and the plaintiff has appealed.

The defendant is a farmer and for a number of years the plaintiff and Joe Youritch were in defendant’s employ as farmhands. In the fall of 1921 the three men rented 600 acres of land in San Joaquin County for the cropping season of the following year, and during the term of the lease they farmed the same under an oral agreement to the effect that defendant would furnish the required machinery, implements, and equipment and plaintiff and Youritch would do the necessary work in the production of crops, the profits to be divided equally. The defendant was to advance whatever money was necessary to conduct the farming operations and to be reimbursed, without interest, out of the proceeds of the crops. According to defendant’s ' testimony, he received from the sale of farm products the following amounts: Hay, $917.58; barley, $1,271.11; and stubble, $180. There remained in his possession 1,750 sacks of wheat belonging to the partnership. He expended in behalf of the enterprise the sum of $4,721.98. The plaintiff paid certain partnership expenses and during the year…