Risk v. Dale

This action is on an account stated. The verdict was for plaintiff and a motion for new trial sustained. Plaintiff bought a carload of *727tobacco from different growers. He claims that defendant became equally interested in it with Mm and they were to share the profit or the loss and that there was a loss of $999.12, one-half of which, $499.56 fell upon defendant.

There was evidence tending to prove that defendant became equally interested in the tobacco and that after its sale, he and plaintiff had a settlement in which, after deducting total 'purchases by plaintiff from net sale the total loss…