Coffee

Defendant appeals from a judgment in favor of plaintiff, and also from an order denying defendant’s motion for a new trial.

It is averred in the complaint (in brief) that on November 13, 1888, the two parties formed a copartnership in the business of farming and stock-raising, which continued until June 2, 1891, when it was dissolved by mutual consent; that they contributed equal amounts of capital and were to share equally in profits and losses; that on February 5, 1891, they had an accounting of all their partnership dealings down to that date, and thereupon “an account was stated” between them of all said dealings, and upon such statement a balance of $1,851.96 was found due from defendant to plaintiff; and “that the said defendant then and there acquiesced in said statement and agreed to pay said balance,” but has refused to pay the same or any part thereof. It is also averred that after .said February 5th, and up to June 2d—the date of the dissolution—there were certain other partnership transactions upon which defendant is further indebted to plaintiff, and that there is certain partnership property remaining to be disposed of. The prayer is: 1. For judgment against…