Albertoni

The complaint and the answer both allege that in January, 1925, the parties entered into a partnership for the purpose of conducting a general dairying business on the defendant’s land. The complaint alleges and the answer, by failing to deny, admits that on January 31, 1927, “by mutual consent of said partners the said partnership was terminated.” Both parties prayed for an accounting. An accounting was had and the court found that the plaintiff is entitled to recover from the defendant the sum of $1303.34. Judgment was entered accordingly. The defendant has appealed from the judgment.

The agreement between the parties was oral. The defendant testified that by the terms thereof she was to receive one-half of the gross receipts from the business. The plaintiff and his wife both testified that the parties did not so agree, but that they agreed that the plaintiff and his family and the defendant, who is the plaintiff’s mother-in-law, were all “to live together and work together, and whatever money came out of the place we were to take it and help pay off the mortgage, and at the time of her death, . . . she would leave the place to us.” The defendant squarely contradicted such…