Adams

The complaint in this action was claim and delivery. The defendant set up by way of answer a contract, and alleged that under it he and plaintiff were copartners in carrying on the business of fruit growing and dividing the profits between them, and asked for a dissolution and an accounting. Judgment was for the plaintiff and for the *220 return to him of all the property mentioned in his complaint, and for four dollars, damage and costs. Numerous errors are alleged in the hill of exceptions in the ruling of the trial court in the introduction of evidence, hut in the briefs of counsel before us these matters are not touched upon at all, and only two points are presented for our consideration, viz.: 1. Were the plaintiff and defendant eotenants in the fruitin' controversy ? And 2. If cotenants, could the plaintiff maintain replevin against the defendant for the common chattels?

For the better understanding of the matter it is necessary to set out the contract under which the parties were operating, or, at least, so much of it as will assist in determining the questions involved, and it is as follows:

This contract was continued in force to November 1, 1902. A settlement had been…