Lesamis

This is the third time this case has been brought here— on the second occasion on appeal from the decree of the court below entered upon findings after a trial of the suit upon the merits. On that appeal the decree and findings were by this court directed to be modified in certain specified particulars, and affirmed in all other respects. 225 F. 449 , 140 C.C.A. 481 . The suit was brought in the court below by the appellee on that appeal, as well as on this, to obtain the dissolution of a mining partnership between Greenberg, Tyapay, Garbin, and Lesamis, and for an accounting — it appearing in the record on that appeal, as well as on this, that the three last-named persons deeded to Greenberg an undivided one-fourth of certain mining properties then held by them, in consideration of $6,000 at the *689 time paid by Greenberg, and of $24,000 to be paid to them by Greenberg “of the first money taken out of the ground.” The parties at once, to wit, in March, 1910, commenced mining the properties as a partnership, and called it the “Klery Creek Mining Company,” and continued such operations until the fall of 1911, when the trouble between them began, resulting in the suit. The trial…