Bernardis

Suit was brought to declare a partnership in the Maximilian Mine, situated in Sutter Creek Mining District, Amador County, arising from the development thereof, and for an accounting of the proceeds of the sale of said mine. Judgment went for the defendants in the court below, from which and an order denying plaintiff’s motion for a new trial the appeal is taken. .

In 1893, and prior thereto, George Allen, now deceased, owned the mine in question, containing about eight and a half acres of surface, with a fifteen-hundred-foot lode, and the plaintiff, by permission of Allen, prospected the mine, and in May, 1894, entered into an agreement in reference to the working of the same, which the plaintiff claims to have been a partnership agreement, but on the part of the defendants it is contended to have been an agreement to allow the plaintiff, as a practical miner, to work the mine, furnishing the mill, machinery, and implements for that purpose and paying all expenses, and if anything should be realized over such expenses, that the net proceeds, if any, should be divided between the plaintiff and the owner of the mine. The court found on all the issues presented against the claim of…