Zenos

The plaintiff brought a bill in equity to surcharge a stated account alleged to have been the basis on which a dissolution of a partnership had theretofore been made between the plaintiff and the defendant. The defendant answered and the action was tried before the court sitting without a jury. The court made findings in favor of the plaintiff and from the judgment entered thereon the defendant has appealed and has brought up typewritten transcripts.

The defendant claims that the findings are not sustained by the record. In this connection the defendant vigorously asserts there was no evidence that the dissolution was predicated on any account between the partners, but that it was a contract of sale arrived at by a trade in the nature of give or take. We think there is an abundance of evidence in the record sustaining the findings. While the transaction culminated in a give or take trade, there was evidence it was based on the stating of accounts.

For some years prior to the dissolution above mentioned the plaintiff and the defendant had been partners engaged in producing and marketing truck crops. The plaintiff operated properties at Holtville in Imperial County and the…