Leaverton

The defendant, accused of grand theft, was tried hy the court sitting without a jury and found guilty.

The facts follow: April 27, 1929, defendant and one Lee-son entered into a partnership under the name of Leeson & Leaverton for the purpose of selling electric refrigerating equipment. Leeson furnished the capital and the defend ant furnished the knowledge of the business. A firm bank account under the name of Leeson & Leaverton was opened, with Leeson alone authorized to sign checks. The partnership sold refrigerating equipment on conditional sale contracts. When a sale was made it was the custom of the partnership to assign the contract to the Peoples Finance & Thrift Company at a discount, under a form of assignment which, in addition to the words of assignment, contained the following: “The undersigned warrants that this agreement was executed in connection with the sale and delivery to, and acceptance by, the buyer named therein, of the property therein described and that there is now owing thereon the amounts as set forth therein.” June 29, 1929, Leeson and defendant agreed orally that the partnership be dissolved as of July 1, 1929. On July 1, 1929, Leeson signed a number…