Lynn

The plaintiff commenced an action against the defendant to obtain a judgment declaring a certain blacksmith business to be the property of plaintiff and defendant as copartners; to have the partnership dissolved and the assets divided. Judgment went for the defendant and the plaintiff has appealed. In support of his appeal the appellant has brought up the judgment-roll and a transcript of the reporter’s notes. The appellant does not call to our attention any erroneous ruling of the trial court, but contends that the evidence was such that the judgment should have been in favor of the plaintiff. In support of this contention much might be said, however, the evidence was conflicting and this court is bound by the finding of the trial court.

It was the theory of the plaintiff, and he introduced his own testimony and the testimony of others, that the plaintiff and defendant entered into a contract on the sixth day of July, 1920, by the terms of which contract the plaintiff was to pay the defendant $265 and thereupon he would be a full partner with the defendant in said blacksmith business. It is hot contended that the consideration was ever in fact paid, but the plaintiff contends…