Cary Bros. v. Dalhoff Const. Co.

(orally). This is an action for an accounting between the parties, who entered into a copartnership for the purpose of constructing several miles of railroad track, under contract with a railroad company. After the contract had been obtained by the parties, they subdivided it between themselves, each party to do certain parts of the work, and also sublet considerable of it to subcontractors at a lower price; the profits thus arising from the subcontracts to be divided equally between the parties. The payments were made on monthly estimates to the defendant, and, until the December payment was…