Barrett

-This is an appeal from a judgment of nonsuit which was granted in an action in assumpsit. The suit was brought to recover money paid for an undivided interest in an oil developing enterprise, which unit the respondent Rosenberg sold and transferred to appellant in violation of the Blue Sky Law.

The defendants A. L. Gore, M. Gore, Adolph Ramish, and Barnett Rosenberg were the owners of equal undivided interests in a lease of oil lands at Long Beach, California, and an oil developing enterprise called the Lyceum Oil Syndicate. M. Gore held these property interests as trustee for the said owners. The organization was first considered a copartnership. The defendant Rosenberg testified as follows: “Q. Just what was said (to Mr. Barrett) ? A. I told him it was only four partners, . . . and each one of us has got fifteen per cent,—and they are actually four partners in these properties, but I have got another silent partner. . . . Q. You told him it was a partnership ? A. I told him it was a partnership. . . . Q. "What did you say? A. We were four partners and we got a trust agreement between Mr. Ramish, Mr. Gore and myself.” Mr. Hutton, attorney for defendants, also testified: “Q.…