Eacrett

The complaint in this action is in two counts. The first count stated a cause of action for money had and received by the defendant for the use of the plaintiff. The second count alleged the existence of a partnership between the plaintiff and the defendant; the dissolution of said partnership; and that defendant wrongfully withheld from the plaintiff a stated amount of money, being the plaintiff’s share of the assets of the partnership. The court in its decision found against the existence of the alleged partnership, and adjudged that the plaintiff take nothing by the second cause of action. On the first count judgment was entered in favor of the plaintiff in the sum of $30,000, with interest, etc., and from this judgment the defendant appeals.

On July 15, 1924, letters patent were issued to the plaintiff upon an invention described as “Score Registering Devices for Golf and the like”. Thereafter he assigned a one-third interest in the patent to James A. Armstrong, and another one-third interest to Howard M. O ’Malley. In July, 1927, the plaintiff was introduced to the defendant and succeeded in interesting the defendant in said invention, so that defendant expressed a desire to…