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48 NORTH DAKOTA REPORTS

no party is in any way responsible. As the verdict is clearly right, there is no occasion for a discussion of the testimony or the assignment of errors.

Judgment affirmed.

Grace, C. J. and Christianson and Birdzell, JJ., concur.

Bronson, J., concurs in result.


F. H. MULLVAIN, Respondent, v. CHARLES HIDDEN, Appellant.

(185 N. W. 1010.)

Joint adventures—evidence held to support judgment for plaintiff in action for accounting.

In an action for an accounting, the evidence is examined and it is held that the judgment appealed from is properly supported.

Opinion filed Dec. 14, 1921.

Appeal from the district court of Stutsman County, Nuessle, J. Affirmed.

John W. Carr, for appellant.

C. S. Buck, for respondent.

Birdzell, J. This is an action for an accounting. From a judgment in favor of the plaintiff for $302.24, and interest and costs, the defendant has appealed. The case is here for a trial de novo. The case arises upon the following facts:

The defendant, a bachelor, was the owner of a farm, consisting of 480 acres of land near Eldridge in Stutsman county. In 1916 he hired the plaintiff and his wife to work for him at an agreed compensation per year. In 1917, the plaintiff and defendant purchased jointly, on contract, an adjoining quarter section of land under an arrangement whereby they would farm it together and make the deferred payments out of the crops raised. The purchase price was $35 per acre, and the initial payment, $1,000. The defendant made the first payment and took the plaintiff’s note for $500, representing one-half of it. This quarter section of land was farmed by them in 1917 and enough realized