Clavey

The first count of the complaint in this action alleges that the decedent, in his lifetime, verbally contracted with the defendant to deliver to the latter a large number of stock cattle, which the defendant was to herd, pasture, feed, and care for, in consideration of which the defendant was to have one half of the increase of said cattle, hut was to return or account to the *415 decedent for all the cattle originally delivered, and one half the increase, at the expiration of the contract. The contract did not fix or state the time during which the defendant was to keep the cattle, but it is alleged that he kept them until William Clavey died, — June 25, 1885. Nor is the date of the contract alleged, but it appears that it was made in 1875.

It is further alleged, on information and belief, that the deceased delivered to the defendant, under the contract, “about 140 head of stock cattle," which defendant kept, according to the contract, and “that the increase of said cattle, while in possession of the defendant under said contract, amounted to many hundreds."

It is further alleged, on information and belief, that during the lifetime of William Clavey, there was no accounting…