Brandt

The action was for dissolution of partnership and for an accounting. The only controversy relates to the finding of the court that: “Defendant has taken and appropriated to his own use and against the wish and without the consent of plaintiff, of the moneys and property of said partnership, exceeding the proportion thereof to which he was or is entitled, all as alleged in plaintiff's said complaint, money and property aggregating in value four thousand five hundred and thirty-four dollars and seventy-three cents.” The contention of appellant is that plaintiff has alleged in his complaint that defendant appropriated $6,000 belonging to the firm, and since he was entitled to one-half of it as an equal partner, plaintiff is limited to a judgment for the recovery of only $3,000 against defendant. But in this appellant is in error. The allegation of the complaint is that: “ The defendant applied to his own use, from the receipts and profits of said business, large sums of money, greatly exceeding the proportion thereof to which he was entitled, to wit, in the aggregate, the sum of three thousand dollars, more or less, . . . and tools, building material and machinery belonging to said…