520 HIGH COURT OF CHANCERY.

of the instrument which gives color to the idea, that if he
should take less, the difference should be. made up to him upon
the expiration of the partnership.

It may also be observed, that the view here taken of this
contract entirely conforms with what seems to have been the
construction pat upron it by Mr. Trump, until the entry was
Made in the books on the 1st of February, 1838, but eight days
before the agreement dissolving the partnership was executed.

The agreement was, t&at every article properly chargeable to
the expense account, should be charged as it accrued, and it
is certainly fair to suppose, that if Mr. Trump had considered
that the sums and goods taken out by him were to be placed
to that account, he would have caused the proper entries to
be made, from time to time, as was done with respect to the
other expenses attending the prosecution of the business.

I do not deem it necessary to refer particularly to the parol
evidence, and will simply observe, that I am satisfied from it,
that when the agreement dissolving the partnership was made,
the BaltzeIPs did not know of the entry of the 1st of February,
1838, and, therefore, they are not to be presumed to have sanc-
tioned it, either by acquiescence, or by positive approbation.

I do not find in the stipulations of the agreement, by which
this partnership was dissolved, anything which, by reasonable
construction, can absolve the estate of Trump from the pay-
ment of the sum claimed by this bill.

In consideration of the sum of $15,550, stipulated to be paid
by the Messrs. Baltzell to Trump, and which it is conceded
has been paid, and that th-ey should assume to pay all claims
against the firm, and there is no pretence that they have not
faithfully performed this stipulation; Trump agreed, on his part,
and did, by Hhe feeims of said agreement, "aasign, transfer and
deliver to them, all his right to and interest in all accounts,
notes, bonds, mortgages, and judgments, or claims in any
other form whatever, belonging to or due the firm of William
B. Trump & Co., be the same more or less."

There are other provisions transferring to the Baltzells the
stock of goods on hand, and the cash, be the; same more or lesa.