Schurtz

This is an action to recover for services rendered by plaintiff to defendant as manager of a certain restaurant and saloon, called the Vienna Buffet, under a contract by which plaintiff was to have one half of the net profits, to be computed monthly. The issue was as to the amount of the profits between June 1 and September 1, 1888. Such amount was found to be $2,550.55, for one half of which, less certain payments, plaintiff had judgment. Defendant appeals from the judgment, and from an order denying a new trial.

*278 1. The principal evidence for plaintiff, aside from parts of a cash-book, consisted of the testimony of one Blackman. He testified that he was an expert accountant; that he made an examination of the books of the Vienna Buffet; and that the examination showed the net profits of the business from June 1st to August 11th to be $2,262.90. Upon cross-examination, he said that, with the exception of some of the items in the cashbook, he did not personally examine the books; that his partner made the detailed examination of the books and furnished the figures from which he (the witness) made the calculations; and that he had full confidence in the ability and honesty of…