Dugan

The defendants for some time previous to January 29, 1923, were copartners doing business under the firm name and style of William J. Forster Company. On that date they entered into an agreement in writing with the plaintiff, who Avas named therein as the party of the second part, whereby he became a special partner in the business for the purpose of sharing the profits, it being stipulated that any loss should be borne by the defendants. The agreement provided that each partner should take an active part in the business, one of the defendants being the business manager, the other the general superintendent of Avork, and the plaintiff to have charge of the men employed. It was also agreed that plaintiff should have a drawing account of not more than $50 a Aveelc and ten per cent of the net profits “minus the amount advanced on the drawing account, and in the event there should be no profits at the end of each calendar year then the party of the second part shall be entitled to said fifty dollars per week as a salary and not obligated to return same to said copartnership.” This action was brought for dissolution of the copartnership and an accounting.

An accounting Avas had, and…