Bedolla

In this case there are two appeals—one from the judgment against the defendant, taken upon the judgment-roll; and the other from the order denying defendant’s motion to strike out plaintiff’s cost bill, brought to this court upon a bill of exceptions.

As both appeals are included in one transcript, and are argued in one set of briefs, we will dispose of both matters in one opinion.

First, as to the appeal from the judgment.

The complaint alleges that the parties hereto on May 1, 1907, entered into a partnership agreement for the purpose of engaging in the dairying business; that the defendant was to furnish “all the horses and fanning implements, lands, buildings, cows, dairy and dairying fixtures, and one-half the hogs, necessary to properly conduct said business,” and the plaintiff was- to keep the property in good condition and to do all the labor necessary to carry on said business; that the parties were to share equally in the products and profits thereof, except that it was agreed that all calves, the offspring of cows furnished the partnership by the defendant, born during the existence of the partnership, were to be deemed the joint property of the parties in the…