Eastern Electric Supply Co. v. Ekdahl

The trial of the facts having been committed to a referee, it was not the province of the court to find facts. Its function was merely to apply the law to the facts reported. Wilson v. Atwood, 81 N. H. 61, 63 and cases cited. The conclusion of the court that Ernest was not a partner, though termed a finding, is in effect a ruling that on the reported facts no partnership could be found. The order of judgment in favor of Ernest includes a like ruling. The correctness of this ruling is the question reserved.'

The referee finds that there was no evidence of the existence of a partnership as…