Hager

Appellant and appellee entered into an agreement to construct a boat and barge. The construction was completed and the boat and barge were operated on Alaskan rivers freighting cargo, in most part, for the United States Government. The boat was named “Elaine G.” The agreement between appellant and appellee was to the effect that the expenses of construction and operation of the boat and barge should first be deducted from earnings, and title to each was then to be transferred to appellant. The earnings of the boat and barge during 1945' were large, so much so that appellant asserted ownership and demanded an accounting, alleging the 1945 earnings to be sufficient to pay *184 off all construction and operational costs. No accounting' was had.

On April 20, 1946 appellee took possession of the “Elaine G” and the barge, and operated them during the time the rivers were open for navigation that year. Appellee refused to surrender possession of the boat and barge.

■On May 13, 1947 appellant filed an action in claim and delivery for the recovery of the boat and barge pursuant to-ch. 80, Code of Civil Procedure, Compiled Laws of Alaska 1933. Trial was had before a jury and a verdict…