106 Iowa 287 | Iowa | 1898
IV. This brings us to a consideration of the various items of account between the parties. Before proceeding to discuss these matters, we wish to have understood the basis of our action. We have no way of ascertaining all the items taken into consideration by the trial court, in stating the account between the parties. All that is disclosed by the record is the result, viz. that a debit balance was found against plaintiff of two hundred and twenty dollars and ninety-seven cents. It does appear, however, that defendant admits having collected on firm account the sum of three thousand four hundred and fifty-one dollars and twenty-six cents, and claims to be entitled to credit in the amount of five thousand one hundred and twenty-four dollars and forty-eight cents. The various items going to make up these amounts are set out in the answer. The account as stated is attacked by plaintiff. He seeks both to'surcharge and falsify it. We shall take up the specific matters presented by plaintiff ,and give each suclf, attention as we think it deserves.
VII. There are, in addition to the matters we have mentioned, some costs collected, which are in dispute. The amount is quite small, and the evidence relating thereto very indefinite. As the parties do not insist upon this branch of the case, we shall pass it without further notice. There is also ■a sum of twenty-five dollars which Varnum admits should be charged against him in favor of the firm, on account of a collection from one Snyder.
VIII. A proper statement of account between the parties is as follows:
*294 Winslow’s admitted debit to the firm...........$3,451 26
Add rent of Means’farm.................... 350 00-
Total ............................... $3,801 26..
Winslow claims credits, as shown on page 22 of appellant’s abstract.................... $3,083 63
To this should be added:
Item 1, as shown in said abstract......... Ill 25
“ 2, “ “ “ ......... 22 50
“ 3, “ “ A abstract..... 67 10
“ 4, as shown in said abstract......... 5 00
«5, “ “ “ ......... 10 00-
Error in check to Varnum............... 30 00-
Stationery and postage.................. 25 00'
Total.............................. $3,354 4S-
Winslow’s debit................. $3,801 26
“ credit................ 3,354- 48
Due the firm......................... $446 73
There is due the firm from Varnum:
On account of Cerneau case.... $ 70 00
Snyder collection............ 25 00
95 00-
Total due from both partners............. $541 78
Of this amount, each partner is entitled to one-half, or two hundred and seventy dollars and eighty-nine cents. Deducting from this last-mentioned sum Varnum’s debit of ninety-five dollars, and the remainder is one hundred and seventy-five dollars and eighty-nine cents, for which he is-entitled to a judgment against defendant.