Prendergast v. Eyermann

Rombauer, J.,

delivered.the opinion of the court.

The plaintiff brought this action to establish a copartnership between himself and the defendant in a certain building nontract, and for an account. The defendant denied the *388copartnership by answer, and set up four distinct counterclaims. The cause was sent to a referee by consent of the parties, to try all the issues between them, but without any special directions as to the manner of taking the account.

The referee heard the cause and reported to the court in substance as follows: That he found the partnership as claimed by the plaintiff. That…