#### Leonard Shadburne, Appellee, v. A. Sbarbaro, Appellant.

Gen. No. 17,776.

(Not to be reported in full.)

Appeal from the Circuit Court of Cook county; the Hon. Richard S. Tuthill, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1911.

Affirmed.

Opinion filed October 9, 1913.

Statement of the Case.

Action by Leonard Shadburne against A. Sbarbaro for dissolution of a partnership and an accounting. From a decree in favor of complainant for $3,720.25, defendant appeals.

*55Abstract of the Decision.

1. Partnership, § 377 * —when master's report sufficient. In proceeding for dissolution of a partnership and for an accounting, a master’s report sufficiently itemizes the amounts found to he due to the complainant without giving the details of the several items, where the itemized statement leaves no doubt as to what was included in the total.

2. Partnership, § 422*—when decree in accounting may be entered without first settling partnership affairs. Decree finding the amount due on an accounting may be entered without first settling the partnership affairs, where the defendant filed a bond to secure payment of any amount which might be found due to complainant, retained the assets and did not offer to show there was no such settlement.

3. Partnership, § 52*—when evidence sufficient to establish partnership as between the parties. Finding in favor of the existence of a partnership held sustained by the evidence, where the evidence as to the agreement is conflicting, but there is uncontroverted evidence that defendant held plaintiff out as a partner and that he received from plaintiff cash and credits used in the business.

Richard I. Gavin, for appellant; Gavin & Mayer and George E. Swartz, of counsel.

Frederick A. Brown, for appellee; Brown & Ewen and Kendall & Luby, of counsel.

*

See Illinois Notes Digest, Vols. XI to XIV, same topic and section number.

Mr. Justice Fitch

delivered the opinion of the court.