Triplett

Plaintiff brought this action against J. B. Triplett, since deceased, seeking an accounting. After the death of J. B. Triplett, his executors were substituted as defendants. From a judgment in favor of said defendants, plaintiff appeals.

The complaint was drawn upon the theory that plaintiff and said J. B. Triplett had formed a partnership on September 10, 1925, for the purpose of the manufacture and sale of certain patented tools and that said partnership had continued down to the time of the filing of the complaint on August 27, 192'6. It was alleged on information and belief that said J. B. Triplett had started 'the manufacture and sale of said tools. The answer alleged that the partnership had been dissolved on October 12, 1925, and denied that any business had been carried on by said partnership at any time. It was further alleged by way of defense that said J. B. Triplett was induced to enter into the partnership agreement by the promise of plaintiff to contribute $30,000 for the purpose of erecting a factory and that there was a failure of consideration as plaintiff had failed to supply said sum or build said factory.

Upon the trial it appeared that prior to September 10,…