MacDonald

Action for an accounting. Plaintiff had judgment and defendant appeals. On or about the nineteenth day of June, 1919, the plaintiff and defendant formed a copartnership for the purpose of packing fruit and vegetables. This partnership was evidenced by a written agreement, and the parties continued in such partnership, under such agreement, until about the 20th of- November, 1919, when the written agreement hereinbefore referred to was terminated by the execution of another written instrument. After this date it appears that the parties continued to do business as partners under an oral agreement. After the final dissolution of the partnership, it appears that the plaintiff paid a certain promissory note which, had been executed by the partnership, and in his complaint alleged the payment of the whole of said note out of his own funds, and instituted this action in the first instance to recover from the defendant one-half thereof. Thereupon the defendant and appellant herein by answer and cross-complaint demanded an accounting of the entire partnership, the prayer of the complaint of appellant being that plaintiff be required “to bring all of the books of the copartnership and a…