Ferris

Action to obtain the dissolution of an alleged mining partnership, an accounting, a sale of the mining property owned by the alleged partners, and the repayment to plaintiff of money contributed by him in excess of his proper share in the business of working the mine. The court below was of opinion that plaintiff failed at the trial to prove the existence of a mining partnership, and rendered judgment of nonsuit against him.

“A mining partnership exists when two or more persons who own. or acquire a mining claim for the purpose of working it and extracting the mineral therefrom actually engage in working the same.” (Civ. Code, sec. 2511.) “An express agreement to become partners .... is not necessary to the formation or existence of a mining partnership. The relation arises from the ownership of shares or interests in the mine, and working the same for the purpose of extracting the minerals therefrom.” (Civ. Code, sec. 2512.) The property in question here, called the Philadelphia mine or mining claim, was owned by the plaintiff and the defendant Bliek Baker in equal shares, each one-half. Said Bliek is a married woman, the wife of one E. N. Baker. Work on said mining claim, for…