DUNCAN V. HULL.10

them to Eagan. They were, therefore, as truly goods sold by Bruun to Eagan as though personally delivered to the latter by the former.
The facts in this case as they appear in the record manifestly entitle the -plaintiff to a judgment for the amount prayed for. And there can be little doubt that had the court below interpreted the instrument executed by the defendant as it is construed in this opinion that court would have determined all the issues in favor of the plaintiff. The judgment of the court below, therefore, being contrary to the law and manifestly against the weight of the evidence, final judgment should be rendered by this court in the plaintiff's favor.
The judgment of the Circuit Court is reversed and judgment ordered that the plaintiff recover of the defendant the sum of $776.30, Panamanian currency, or $388.15, United States currency, together with his costs in this court and costs in the court below.
Reversed.
DUNCAN versus HULL.
No. 99. Argued November 6, 1912. Decided March 28, 1913.
PARTNERSHIP. APPEAL FROM ORDER OF DISSOLUTION AND ACCOUNTING.
From an order of dissolution of a partnership and an accounting, the same not being a final order, and no final jiidgment having been rendered, no appeal will lie. Section 116 of the Code of Civil Procedure only allows an appeal from a ruling, order, or judgment which finally determines the action or proceeding.
Appeal from the Circuit Court of the Second Judicial Circuit; Hon. William H. Jackson, judge.
The facts appear in the opinion.
W. H. Carrington and E. M. Robinson, for appellant. Hinckley and Ganson, for appellee.
GUDGER, C. J. This was an action begun in the Second Judicial Circuit for the purpose of dissolving a copartnership alleged to have existed between the plaintiff and the defendant, and for an accounting between the parties.

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