Sears

In the month of April, 1878, the plaintiffs and defendant entered into an agreement to construct and maintain a toll road and bridge known as the “Ward’s Ferry road and bridge,” in the county of Tuolumne. The parties agreed that in the construction of the road and bridge each was to pay in such sums as lie might be able to pay, and that neither of them was to have, as against the other, any claim for any sum invested by him over the amount invested by the other; that after the completion of the road and bridge they should settle their accounts and ascertain how much each one had invested; each was to be interested in the road and bridge in proportion to the amount he invested therein. After the road and bridge were completed, they endeavored to settle their accounts, but failing to do so, the plaintiff Sears was appointed by all the parties to take charge of the road and bridge, and to act in liquidation of the affairs of the company. In the construction of the bridge and road one Mason had been employed, and there was due him at the time the work was completed the sum of $992.22. Mason requested Starbird to sign a note or due-bill for the amount due him on his account. Starbird…