Larkin

Defendant appeals from an adverse judgment in a partnership accounting action. Respondent, a trenching machine operator, and appellant, an engineer and licensed general contractor, carried on a trenching and excavating business from August 1, 1956, until October 9, 1957. The agreement was oral, but the parties executed a written dissolution agreement. Aside from an accounting to determine the gross income and operating expenses, the principal issue raised by the pleadings was whether the sum of $130 per week paid to respondent constituted wages for his services or was simply a drawing account which would entitle appellant to an equal amount. The dissolution agreement provided. .it *274 is agreed that as part of the operating expenses of said partnership business to be paid from the proceeds of said business after payment of all third party claims against said business, wages shall be allowed to the said Robert Larkin in accordance with the agreement of the parties for the amount of $130.00 per week from the date of commencement of said partnership to and through July 24, 1957, and thereafter, from July 25, 1957, to the date of termination of said partnership at the prevailing…