Greenberg
Greenberg v. Lesamis
Opinion
Lead Opinion
Wolverton, J.
Plaintiff brings this suit for the dissolution of an alleged copartnership and for an accounting. The bill prays also for a restraining order pendente lite and for the appointment of a receiver to take charge of certain alleged rents and profits. The District Court refused to grant the injunction or to appoint a receiver, and from the interlocutory order thus made and entered the plaintiff appeals.
The complaint shows in brief that on March 19, 1910, the defendants. Jack Lesamis, John Tyapay, and Andy Gar-bin were the owners and in the rightful possession of certain placer mining claims situated in Noatak-Kobuk mining and recording district, Alaska, the claims being particularly described; that on said date the plaintiff and defendants Lesamis, Tyapay, and Garbín entered on certain contracts in writing whereby it was agreed that plaintiff and said de *81 fendants should form a copartnership for working said mining claims and, further, that said defendants would convey to plaintiff an undivided one-fourth interest in and to all of said claims, water rights, etc., then owned or to be acquired by said defendants, in consideration that plaintiff should furnish them with provisions…