Heer

This action was commenced to set aside a settlement between partners and for an accounting. The court below refused to order an accounting and gave judgment for defendant. Plaintiff presents this appeal. Plaintiff and defendant were attorneys at law. In January, 1920, they formed a partnership for the practice of law, which was to continue at the pleasure of the parties. Upon the formation of the partnership it was agreed between the parties that all profits made by them or either of them in the practice of law during the existence of said partnership should belong to said partnership and should be divided between the parties share and share alike. Annually, after the close of each calendar year of said partnership accountings were had and accounts settled between the parties. Pursuant to said agreement of partnership, plaintiff and defendant practiced law as such partners and under the firm name of Moran and Heer until on or about May 24, 1923, at which date notice of dissolution of said partnership was given. This notice was given on the date specified, by defendant to plaintiff and the dissolution was acquiesced in by plaintiff, but the parties continued their business…