Beverley

Action for an accounting. The complaint alleged that the parties engaged in a partnership in September, 1920, whereby the plaintiff was to obtain options on oil-bearing lands, and the defendant was to negotiate the same, the profits, realized therefrom to be divided equally between the parties. The answer denied these allegations, but admitted payment to respondent of certain sums of money for services rendered. The court found that the relation established was that of a joint enterprise, rather than a partnership, and this conclusion is not now a subject of dispute.

At the trial there was a sharp conflict in the testimony as to what was the agreement between the parties. The trial court found in favor of the plaintiff to the effect that the parties had engaged in a joint enterprise; that a profit was made; that there had been an accounting as to all business transacted between them, with the exception of four options—those known as the Carter, Harvey, Ralph and Wagner options and leases. As to these transactions, a reference was ordered, the court reserving to itself for settlement and determination, the propriety of all expenditures made in connection therewith. After the…