Trainor v. Robyn
Trainor v. Robyn
Opinion of the Court
I. Plaintiff sued as an alleged partner of the defendant in the purchase and sale of horses, and prayed for an accounting and judgment for an amount claimed to be due him. He claims that the partnership was orally entered into in October, 1910, and under the agreement between the parties the defendant was to furnish the money, and also feed and barn room in Hull, for the horses purchased, for which he was to receive thirty-five cents per day per head for the horses so kept and fed. The agreement as claimed by him covered the duty on his part to drive over certain counties in Northwestern Iowa and other places, and to buy such horses as he could, and that the defendant, when possible, was to assist. He claims that horses were purchased at a cost of $8,570, afterward sold, and, after deducting the expenses of keeping aud sale, there was a profit of $1,390.25, to the one-half of which, less payments of $239.15 received by him,.he claims to be entitled. The answer of the defendant denies that any partnership was formed, but says that during a part of the time covered by the averments of the petition the plaintiff performed services for him in buying and selling
II. No witnesses testified as to the agreement of partnership excepting the parties to the action the plaintiff affirming it, and the defendant denying it. The plaintiff presented a book in which he claimed to have kept the joint accounts, the items in which are said to have been entered by him at or near the time of the several transactions then showed. The appellant objected to the introduction of the book for the reason that it was not shown to be a book of original entry, and that the entries were not made at the time they purported to have been made. The objection was largely based upon the fact that all entries were not in chronological sequence; that in many instances entries of one date would follow other entries of a later date. In the book were kept the accounts of purchases, sales, and expenses. The original is not before us; but from the pages as shown by the transcript we find that with few exceptions the entries appear in the proper order of their dates. The entries as to sales and expenditures and costs of keep were not regularly given, but from the testimony appear to have been made at or about the time he obtained knowledge of such transactions as were had by the appellant when the appellee was not present, and were then entered as of the date of the respective deals. As thus proven the books were admissible in evidence under Code, section 4623, the weight which should be given to the entries being yet for the trial court or for the jury in cases tried at law.
III. The appellant did not as a witness deny that the entries in the book were correct as to time or amount, but
With the exception of the few days when Trainor assisted another buyer, it fairly appears that his services were given in the purchases made by Robyn, without any proof as to definite compensation other than as testified to by him, and this is some confirmation of his claim. We must give weight to the finding of the trial court, who saw the parties, heard their testimony, and necessarily determined its weight as affected by their demeanor. We find sufficient basis for upholding the judgment reached by it, not only as to the finding of a partnership, but also as to the state of the accounts, from which we find that the amount found as due is substantially correct.
The judgment and decree of the lower court is — Affirmed.
Reference
- Full Case Name
- John Trainor v. S. Robyn
- Status
- Published