Martin

The complaint alleges the execution of a contract on November 17, 1916, by the terms of which the parties associated “themselves together for the purpose of acquiring, disposing of and working mining properties in the Masonic Mining District in the County of Mono”; that certain mining properties were acquired pursuant to the agreement; that the plaintiff performed all the terms of the agreement on his part; that the defendant failed to perform any of the terms thereof and endeavored to prevent performance by plaintiff, to plaintiff’s damage in the sum of $10,000; that on the twenty-ninth day of June, 1918, plaintiff rescinded the contract and declared the same to be ended and terminated and duly notified defendant of such rescission and termination. Plaintiff prayed for judgment for damages in the sum of $10,000; for the rescission, cancellation, and annulment of the contract; for the forfeiture of defendant’s rights thereunder and of all his rights in and to the properties acquired by plaintiff under the agreement and adjudging plaintiff to be the owner thereof, and for general relief.

The defendant demurred to the complaint on various grounds and the court overruled his…