MOISE, Justice.
This is an appeal from an interlocutory judgment.
Plaintiff brought his action predicated on a written contract, wherein, it was agreed that he would receive one-third of the net proceeds of a certain contracting business conducted by defendant in this city. He prayed for an accounting and for a rule nisi, which would order the defendant to show cause why an expert should not be appointed to audit the books to determine the exact amount due...
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