Richards

Among other allegations of the complaint here plaintiff charges, in substance, that in December, 1891, himself and the defendants, Eraser, Rosenbaum and Guernsey, formed a copartnership for the purpose of buying and farming a tract of three thousand acres of land, called the Sargent tract, the parties to share' equally in profits and losses; that by a conspiracy between defendants and the seller the real purchase price of the land—forty dollars an acre—was concealed from plaintiff, and he was fraudulently induced to contribute and did contribute to the purchase of the same at the rate of above seventy-five dollars an acre; that defendants and the said seller of the property shared among themselves the excess thus oh *458 tained from plaintiff by fraud: that plaintiff paid Ms share of the fraudulent price in the manner following: the sum of sixty-two hundred and fifty dollars at the time of the formation of the partnership, and the balance of fifty-six thousand dollars by his note made to defendant Rosenbaum in August, 1893, secured by mortgage on various lands of plaintiff, including seven hundred and fifty acres of the said Sargent tract which had been previously set over to him…