Lesamis

This is a suit instituted by appellee for dissolution of a mining partnership and an accounting.

On March 19, 1910, Jack Lesamis, John Tyapay, Andy Garbín, and the appellee Greenberg entered into an agreement of copartnership, whereby it was stipulated that: “H. Greenberg is, and shall be a full-fledged partner with the above-mentioned parties (Lesamis, Tyapay and Garbin), *343 and have one-quarter undivided interest in all claims, lodes, water rights acquired or to be acquired and owned by the above-mentioned parties. It is further agreed that H. Greenberg is to furnish the above-mentioned parties with provisions from time to time up to July, 1910.”

On the same day Tyapay, Garbin, and Lesamis executed a deed to Greenberg for an undivided one-fourth of all the mining properties then held by them, the consideration being $30,000; “six thousand dollars ($6,000.00) in lawful money of the United States of America to them in hand paid by said party of the second part (Greenberg), the receipt whereof is hereby acknowledged, and the balance of twenty-four thousand to be paid of the first money taken out of the ground.” The partnership was called “Klery Creek Mining Company.” The…