Durphy

The action is based upon an alleged partnership between plaintiff and defendant. Among other things the plaintiff prays: “That an account be taken of all of said copartnership dealings and transactions from the commencement thereof and of the moneys received and paid out by plaintiff and defendant for and on account of said copartnership. ’ ’

The judgment was against defendant for $6,048.91. Defendant has appealed from the judgment and also from an order denying his motion for a new trial. These appeals are presented in separate transcripts but we shall consider them together. All the points made by appellant except two seem to be satisfactorily answered by respondent. As to those two propositions, however, respondent has not attempted in his brief to afford the court any assistance, and it cannot be said that the points are unimportant.

The first is that: “The court’s finding of fact No. 15, to the effect that appellant’s net profits from the Henry deal were $16,196.41 is not justified by the evidence. ” According to appellant’s figures the gross profits from the sale of the thirteen thousand acres in the Henry deal were $38,000 and the expenses were $33,500, and since…