Mankins

This was an action for an accounting, an injunction, and for the possession of certain personal property, to wit, wood. The findings were against the defendants other than defendant Forward Movement Syndicate, hereinafter referred to as the defendant. The other defendants do not appeal and need no further notice. The court rendered judgment in favor of defendant, on its cross-complaint, for the sum of $3.45 with interest at seven per cent. Plaintiff appeals from this much of the judgment. The first amended complaint was filed May 21, 1912. It does not appear when the original complaint was filed.

Garros had been declared a bankrupt in November, 1911, and, on December 1, 1911, plaintiff duly qualified as trustee. On October 31, 1910, the defendant as first party and Garros as second party entered into a written agreement as follows:

The findings of fact embrace twenty type-written pages of the transcript from which the court deduced the following conclusions of law:

Appellant states his position as follows: “We do not think that such a conclusion of the law can follow from the facts found. We think that when the contract is construed properly that the conclusion of law must be…