Monson

Plaintiff recovered a judgment for $24,081.61 against defendant in an action on a renewed promissory note given by the defendant for an assumed balance due on a partnership accounting on dissolution, and for certain advances found to be unpaid.

The partnership was originally formed under a verbal agreement that plaintiff was to receive two-thirds of the profits and defendant one-third. The partners later entered into a written agreement of partnership for the purpose of “defining and fixing their respective rights and interests in the business and assets of said partnership”. By this agreement, the amount of the investments of plaintiff and of defendant was fixed, and in the agreement it was expressly provided that “these respective investments may vary from time to time . . . but the investment account is to be kept up to date at all times so as to show the true amount which each partner has invested in the capital of the said firm”. The agreement also provided that profits should be shared two-thirds by plaintiff and one-third by defendant, which was but a repetition of the former oral agreement.

Subsequently, it was agreed that the partnership • should be dissolved, which…