Quinn

Suit for an accounting. The general facts are as follows: On March 3, 1885, the plaintiff, Thomas Quinn, who was then the owner of the lease of a certain quarry, and the owner of certain personal property used in connection therewith, and of some stone which had been quarried and was on the ground, assigned the lease to his brother, Patrick Quinn. On the same day, and as part of the same transaction, the two brothers signed an agreement which referred to the assignment of the lease, and recited that “the true consideration of said assignment are the terms, covenants, and agreements herein contained, and the due fulfillment of the same,” and provided for the working of the quarry. The material provisions-of this agreement were as follows: The expenses of working the quarry, including those previously incurred by Thomas, were to be paid by Patrick “out of the proceeds of the business,” and the net profits were to be equally divided ■ between *15 them. The business was to be conducted in the name of Patrick, and he was to have “complete management and control” thereof. But Thomas was to “devote his time, labor, and skill” thereto, and was to incur a penalty of $3.50 for every day…