Page:North Dakota Reports (vol. 2).pdf/205

 therefor, directed that said action be again referred to said referee to find certain additional facts, which were specified in the order, and also to find all facts necessary to definitely settle the issues raised by the pleadings and report the same to the court. In obedience to the said last mentioned directions of the court, the referee in the presence of the parties, represented by counsel, took additional evidence, and subsequently reported all of the evidence to the court, together with certain findings based upon. all the evidence adduced, which findings are as follows:

“That the defendant, Helen M. Little, under and in pursuance of said contract of co-partnership, turned over to the said firm as a part of her share of the capital stock thereof book accounts belonging to her, the said Helen M. Little, amounting to the aggregate amount of $2,829.58, and that it was agreed between both the parties that any of said book accounts that remained uncollected at the expiration of their co-partnership should be charged back to the account of the defendant. That at the expiration of the time that said partnership was to exist there remained of said book accounts which had been turned into the capital stock of said firm by defendant accounts amounting in all to the sum of $566.79, which were still uncollected, and that that sum, with interest since the date of the expiration of such time, to-wit, the 15th of February, 1888, should be charged to the account of the defendant in said firm accounts; and the plaintiff in this matter is entitled to judgment against defendant for the sum of one-half of such amount, the interest being at seven per cent. per annum, to-wit, the sum of $283.39, and interest thereon at seven per cent. per annum since February 15, 1888. That in the month of June, 1886, the plaintiff purchased lot No. 1, in block 34, in the village of Caledonia, in said county, with the store building thereon, and purchased on his own account from one Lewis Olson a considerable quantity of merchandise, amounting in all to about $1,200, which he afterwards placed in stock as a part of a store of general merchandise started by himself on his individual account on the lot and in the store building above described; and on or about the 3d day of July, 1886, the plaintiff removed from the