Page:North Dakota Reports (vol. 2).pdf/206

 store of said firm, of which he was a member, a quantity of merchandise, estimated at from $700 to $1,000 in value, and placed them with his stock of merchandise in the store building on said lot No. 1; and I further find that such goods were removed openly and fairly, and with the knowledge of defendant's clerk. That on the 22d day of July, 1886, plaintiff and defendant entered into a contract in writing dissolving the co-partnership existing between them, and that the terms of such dissolution as made in such contract were unsatisfactory to the defendant, and not successfully carried out; and that, owing to the dissatisfaction of such parties with the terms of such contract of dissolution, plaintiff and defendant again, on the 10th day of September, 1886, entered into another contract of dissolution of their co-partnership business, and that they there, fairly and with a full understanding of their previous difficulties, amicably settled their affairs, and separated from their joint or partnership business. That the books and book accounts of said firm were, by the terms of said last mentioned contract of dissolution, to be, and they in fact were, turned over to one C. B. Anderson for collection, and that said Anderson was to account to each of the parties hereto for the one-half of all accounts he could so collect; that the terms of said contract were complied with by said Anderson so far as he collected any such accounts; that said books while in said Anderson’s possession were held by him absolutely, and yet either of the parties could have and did have free access thereto on request. That the debts of said co-partnership have all been paid in full, and that there remains an amount of said book accounts of said firm, amounting to the sum of $1,128.58, which are still uncollected. That in the opinion of this referee, gathered from the evidence herein, and he so reports, it is expedient and best for both the parties hereto that a receiver be appointed by this court to take (and with power so to do) such uncollected book accounts, and sell the same either at private sale, or at public vendue to the highest bidder, either of the parties hereto to have the privilege of purchasing at such sale, and to pay from the proceeds of such sale the costs and expenses of such sale, including the fees of such receiver, and then pay the proceeds of such sale to the