Hunt

The defendant appeals from a judgment rendered against him in the court below. The appeal is on the judgment-roll; and the case, as presented by the findings, is as follows: On the twenty-third day of November, 1898, the plaintiff and defendant entered into an agreement, evidenced by the two writings set out in the defendant’s answer,—the one being a written proposition, signed by Hunt, the other a formal agreement, embodying the terms of the proposition, executed by both parties, which is as follows

In pursuance of these agreements, but in advance of incorporation, the contributions of the parties to the business as stipulated were made, and on the twenty-first day of January following the contract they began the publication of a daily newspaper and the conduct of a job office, and continued the same until April 8, 1899, when, as explained below, it was discontinued.

The corporation provided for was organized by Davis, March 25,1899, with a capital stock of $10,000, represented by one thousand shares, of the par value of ten dollars each; and thereupon the assets contributed to the business by the parties, respectively, were transferred by him to the company.

The business…