Stower

Action for accounting and dissolution of co-partnership. The appeal is from the judgment.

The issues were referred to a referee, and upon the filing of his report the court adopted thé same as its finding and rendered an interlocutory decree dissolving the partnership, and ordered the referee to sell the assets then belonging to the firm and pay the proceeds received from the sale thereof to the creditors. The referee, after making, the sale and disbursement of the proceeds in accordance with the order, so reported to the court, which thereupon rendered its final decree, from which this appeal is taken.

Appellant contends for a reversal of the judgment upon the ground that there is no finding as to whether or not certain buildings belonging to the partnership constituted real or personal property. The buildings in question consisted of an oil-house, coal-house, barn and walls of a store building. The objection as to all of said buildings, other than the walls of the store building, is fully answered by that part of the report wherein it is found: “The assets at this date are . . . unsold personal property, wagon scales, barn, two tanks, one coal-house, one oil-house.”

It is…