Interlocutory judgment in favor of the plaintiff, decreeing partition, reversed on the law and the facts and a new trial granted, with costs to abide the event.
For the purposes of a new trial, findings of fact are reversed and conclusions of law disapproved. The court erred in the exclusion of documentary and oral evidence proffered to establish an independent agreement of partnership. Under the pleadings a determination as to whether or not the claimed partnership...
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