Gandalfo
Gandalfo v. Gandalfo
Opinion
Lead Opinion
Young, J.
This is an action for the dissolution of a partnership and for an accounting. The trial court made and filed findings of fact, and judgment was entered thereon. By the judgment it was, among other things, ordered that the plaintiff recover from the defendant the -sum of $3,728.17. Defendant appeals.
That portion of the judgment which orders such recovery from defendant is based upon finding 4 of the findings, which is as follows: “That during the existence of the said partnership of J. Gandalfo and Co. and from and after said October 8th, 1914, to the time of the trial of this action the said partnership became indebted to plaintiff for a balance on account of money paid out and contributed to and for the benefit of said partnership and for labor per formed and for use of his motor vehicles in the sum of $5,308.08 to which the said partnership- is entitled to an offset on account of moneys of said partnership collected by plaintiff and for gasoline used amounting to the sum of $1,313.50, leaving a balance of $3,994.58 now due and payable and owing by the said partnership to the plaintiff on the said account. That during said time there was collected, received and retained by…