Hollman

This is an appeal from a judgment in favor of the plaintiff for the sum of $2,326.01.

Plaintiff and defendant entered into a copartnership about June 1, 1906, for the purpose of carrying on a real estate business. The articles of copartnership drawn up at that time specified that all expenses, gains, profits and increase growing out of said business should be divided between the partners, share and share alike. However, during the continuance of the partnership, first one partner, the defendant, withdrew more money from the common fund than the plaintiff, and later on the plaintiff drew more than the defendant. A trial balance prepared by the bookkeeper of •the firm June 30, 19Í9, showed a balance due the defendant of $434.25 and an overdraft of the plaintiff in amount of $1,170.75. It was shown that this result was reached by ignoring all entries in the books of the firm up to and including the end of the. year 1914, during which time the overdrafts of the defendant occurred. This was done on the theory that at that time the partners struck a balance and thereafter made a readjustment of the net profits. The ■plaintiff in turn insists that from the beginning the defendant…